The Senate Judiciary committee met Thursday afternoon to move several bills to the full Senate.

Senate Bill 1037 would allow the death penalty only in cases where a defendant is convicted of both first-degree murder and first-degree sexual abuse of a child under 12 in the same proceeding.

The bill outlines capital trial procedures, requires prosecutors to file a formal notice seeking the death penalty, mandates that at least two aggravating factors be proven beyond a reasonable doubt, and provides for automatic appellate review if a death sentence is imposed.

“There are situations where somebody can be executed, and you got the wrong person,” stated Senator Joey Garcia (D – Marion, 13). He stated that this bill opens the door for the death penalty to potentially become an option for various crimes. “I am proud that we are one of the states that for a long time have not had the death penalty,” he stated.

Others supporting the bill emphasized the significance of the death penalty for severe crimes.

“We have to ensure that the death penalty is only for the worst of the worst,” stated Senator Scott  Fuller (R – Wayne, 05). He made the case that certain individuals cannot be rehabilitated and that the death penalty is the appropriate response.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 1008 would change the statute of limitations for asbestos and silica claims, clarifying when a lawsuit can be filed.

The bill specifies that claims begin when a person is diagnosed, discovers facts prompting a diagnosis, or dies from a related condition, distinguishes noncancerous and cancer-related claims as separate actions, and sets limits on suing manufacturers of mining equipment based on federal specifications.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 1026 would make intentionally disrupting a religious service, whether in person or online, a felony, while disruptions of other lawful meetings remain misdemeanors.

The bill defines disruption to include any act that interferes with the service or any gesture, display, or statement that outrages the congregation’s sensibilities, and it specifically covers disruptions at tax-exempt places of worship as well as virtual services conducted via video or teleconference.

Senator Ryan Weld (R – Brooke, 01) proposed an amendment Striking the last sentence starting with any officer and ending with good behavior.

“people meeting for the worship of God”

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 499 would require that any driver involved in a crash that results in death must undergo a toxicology test, ensuring authorities can determine whether drugs or alcohol played a role.

This bill, also called Erin’s Law, sets penalties for drivers who knowingly leave the scene of a crash causing injury or death, ranging from misdemeanors to felonies, and includes license revocation for at least one year upon conviction.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

The Senate Health and Human Resources Committee met Thursday afternoon, advancing bills on chemotherapy, prohibiting certain foods in West Virginia, the Alternative Nicotine Product Regulatory Act of 2026, and juvenile substance abuse treatments.

Senate Bill 4852 would prohibit the use of certain food additives in West Virginia, effective in 2028.

The following substances are not permitted in food manufactured on or after January 1, 2028, include:

* Butylated hydroxyanisole.
* Propylparaben.
* FD&C Blue No. 1.
* FD&C Blue No. 2.
* FD&C Green No. 3.
* FD&C Red No. 3.
* FD&C Red No. 40.
* FD&C Yellow No. 5.
* FD&C Yellow No. 6.

The bill establishes a civil penalty of up to $500 per individual food item for knowingly manufacturing, selling, or offering for sale food that contains one or more of the listed additives.

Senator Patricia Rucker (R – Jefferson, 16) proposed an amendment clarifying that dietary supplements will not be considered food.

The amendment was adopted.

The bill, as amended, was reported to the full Senate with a recommendation of passage, first being sent to the committee on Judiciary.

Senate Bill 1000 would establish the Alternative Nicotine Product Regulatory Act of 2026.

The bill aims to regulate the manufacturing, labeling, marketing, and sale of alternative nicotine products to protect public health and prevent marketing to minors.

The bill defines “Alternative Nicotine Products” as any noncombustible product that contains nicotine, and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, or consumed by other means.

The bill seeks to ensure the safety and security of alternative nicotine products manufactured for sale in the state.

Senator Rucker proposed an amendment that would remove the directory from the code, due to all the regulations in place stating the directory is no longer necessary.

The amendment was rejected.

The bill was reported to the full Senate with a recommendation of passage.

House Bill 4089, known as “Jessica Huffman’s Law,” would require health insurers in West Virginia to cover scalp cooling for cancer chemotherapy patients.

Jessica Huffman testified in front of the committee and shared her personal experience and the emotional impact of losing her hair during treatment.

She explained that despite feeling strong and capable, losing her hair made her feel as though others pitied her and viewed her as less confident and credible. She emphasized the social significance of having hair for working mothers, professionals, and others battling cancer.

Huffman stated that the scalp cooling system is FDA-approved and that the treatment can cost between $2,000 and $3,000 for a full chemotherapy course.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 114 would establish a paid parental leave pilot program for eligible state employees.

The bill proposes up to 12 weeks of paid leave for full-time state employees following the birth or adoption of a child between July 1, 2026, and July 1, 2028. Employees would receive 90% of their average weekly wage, capped at $1,000 per week.

The Department of Labor would oversee the program, report its findings to lawmakers, and the pilot would sunset on December 31, 2029.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 1012 would permit the development of additional juvenile substance use disorder treatment beds in Cabell County.

Under current law, new licensed substance abuse treatment beds generally cannot be added in counties that already have more than 250 beds. This bill creates an exception allowing a certificate of need to be issued in Cabell County for up to 60 additional inpatient treatment beds dedicated to individuals 17 years of age or younger.

“We have a lot of youth in West Virginia who need services like this. Unfortunately, that need wasn’t fully considered when bed limits were set. Hopefully, this marks the beginning of recognizing just how urgent the need has become,” stated Senator Scott Fuller (R – Wayne, 05).

The bill was reported to the full Senate with a recommendation of passage.

The Senate Judiciary Committee met Wednesday afternoon and evening, advancing three child protection-related bills, continuing the body’s theme this week of addressing West Virginia’s child welfare issues.

Senate Bill 937 establishes a community-based child welfare system program in West Virginia, beginning with a phased implementation in Berkeley and Jefferson Counties and Bureau for Social Services Region IV, with further expansion requiring legislative approval.

While the Bureau for Social Services would retain exclusive authority for initial intake of abuse and neglect reports, investigations, and emergency safety decisions, responsibility for ongoing case management, service coordination, and court-related functions would be transferred to contracted community-based providers after the initial investigation is complete.

Under the legislation, these providers would be required to meet specific qualifications, and the system would use a case-rate payment model with shared-risk provisions, allowing providers to retain savings from improved outcomes while assuming some cost responsibility.

The bill emphasizes performance-based contracts rather than prescriptive staffing, sets caseload expectations, and requires training aligned with department standards. The Bureau for Social Services would maintain oversight of contract compliance, performance, fiscal accountability, and data reporting, and contracted providers would have protection from civil damages for good-faith actions unless there is gross negligence or willful misconduct.

An evaluation report on child safety, fiscal performance, and provider capacity would be submitted to the Legislature within 18 months of implementation.

Senate Bill 459 would amend the Best Interests of Child Protection Act of 2022, aiming to ensure that courts consider the importance of a child maintaining meaningful contact with their step-siblings when making decisions about what is in the child’s best interests.

The “best interests of the child” is a legal standard used in family law cases, such as custody disputes, to guide judicial decisions.

This bill would add step-siblings to the existing list of relationships that are considered important for a child’s well-being and stability, alongside parents and half-siblings.

House Bill 4749 expands the rights of foster children and children in kinship placements, which are arrangements where a child is placed with relatives.

Specifically, for children aged 13 and older, the legislation adds three new rights: the right to be notified in a timely manner about any court hearing that could legally affect them, the right to attend such hearings, and the right to have the results of these hearings explained to them by their guardian ad litem (a court-appointed representative for the child) or legal counsel.

The bill also clarifies that if a child’s in-person attendance at a hearing is not practical or in their best interest, alternative attendance methods like virtual participation may be used, with a preference for the child’s wishes if feasible and beneficial.

All three bills were sent to the full Senate with the recommendation of passage.