West Virginia 2024 Regular Session

West Virginia House Bill HB5236

Introduced
1/26/24  

Caption

Relating to coercive control in domestic violence

Impact

The proposed changes are expected to enhance protections for victims of domestic violence by broadening the legal definitions under which individuals can seek help and legal recourse. By recognizing coercive control as a key component of domestic violence, HB5236 seeks to ensure that individuals experiencing psychological abuse along with physical abuse have access to appropriate legal protections. This shift could lead to more informed handling of domestic violence cases by law enforcement and the judicial system, ultimately better supporting victims and holding perpetrators accountable.

Summary

House Bill 5236 aims to amend existing laws related to domestic violence in West Virginia by updating definitions and incorporating the concept of 'coercive control' into the legal framework. This addition is intended to provide a more comprehensive understanding of the various forms of abuse that can occur between family or household members. It specifies actions and patterns of behavior that constitute coercive control, emphasizing the psychological aspects of domestic violence alongside physical harm.

Sentiment

The sentiment around this bill appears to be largely supportive, potentially reflecting a growing recognition of the complexities surrounding domestic violence. Advocates for victims' rights and domestic abuse prevention organizations generally view the inclusion of coercive control as a positive step toward improving legislative responses to abuse. However, there may be concerns among some stakeholders about the practical implications of implementing these changes, particularly regarding definitions and enforcement guidelines.

Contention

Potential points of contention include discussions about how coercive control is defined and measured within the legal system. Critics may argue that the bill could lead to overreach in how domestic situations are evaluated, or they may express concerns about the enforcement of the new definitions. There could be debates regarding the resources needed to train law enforcement and judicial personnel on these new definitions and how to effectively address and prosecute cases of coercive control, which may not have been adequately covered previously.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2110

Creating a domestic violence registry

WV HB3316

To create a domestic violence registry

WV HB3556

Uniform Recognition and Enforcement of Canadian Domestic Violence Protective Orders Act

WV HB3137

Prohibiting Illegal Alien Human Smuggling

WV HB2417

Directing the Supreme Court of Appeals to create a pilot domestic violence court in Kanawha County

WV SR24

Designating February 6, 2023, as Domestic Violence Awareness Day in WV

WV HB2527

Relating to revising the criminal code generally

WV HB3418

Providing clarity for expungement of domestic violence pretrial diversions

WV HB3194

Free range parenting is not classified as abuse and neglect

WV HB3345

Providing increased protections for the welfare of domestic animals

Similar Bills

No similar bills found.