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HB5198 • 2026

Relating to crimes against the intellectually disabled

Relating to crimes against the intellectually disabled

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Shamblin, Hall , Akers , Worrell , Ellington , Ferrell , Dittman , Moore , Masters , Flanigan
Last action
2026-02-24
Official status
S To Judiciary 02/24/26
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English:  HB5198 HFAT Akers 2-21 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5198 HFAT Akers 2-21 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5198 – “A BILL to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to prohibiting violations of an individual’s civil rights; clarifying that persons with a disability are included as a protected class in the section; creating definitions; and creating criminal penalties.” Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5198 HFAT Akers 2-21 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5198 HFAT Akers 2-21 WRV 3133 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5198 – “A BILL to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to prohibiting violations of an individual’s civil rights; clarifying that persons with a disability are included as a protected class in the section; creating definitions; and creating criminal penalties.” Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-02-24 S

    To Judiciary

  2. 2026-02-24 S

    To Judiciary

  3. 2026-02-24 S

    Introduced in Senate

  4. 2026-02-23 H

    Communicated to Senate

  5. 2026-02-23 H

    Title amendment adopted (Voice vote)

  6. 2026-02-23 H

    Passed House (Roll No. 165)

  7. 2026-02-23 H

    Read 3rd time

  8. 2026-02-23 H

    On 3rd reading, Special Calendar

  9. 2026-02-20 H

    Read 2nd time

  10. 2026-02-20 H

    On 2nd reading, Special Calendar

  11. 2026-02-19 H

    Read 1st time

  12. 2026-02-19 H

    On 1st reading, Special Calendar

  13. 2026-02-18 H

    By substitute, do pass

  14. 2026-02-16 H

    Markup Discussion

  15. 2026-02-13 H

    To House Judiciary

  16. 2026-02-12 H

    Markup Discussion

  17. 2026-02-12 H

    To House Courts

  18. 2026-02-04 H

    To House Judiciary

  19. 2026-02-04 H

    Introduced in House

  20. 2026-02-04 H

    To Judiciary

  21. 2026-02-04 H

    Filed for introduction

Official Summary Text

Relating to crimes against the intellectually disabled

Current Bill Text

Read the full stored bill text
HB 5198 Text

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Engrossed Version

House Bill 5198 History

OTHER VERSIONS
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Committee Substitute (1)

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 5198
By Delegates Shamblin, Hall, Akers, Worrell, Ellington, Ferrell, Dittman, Moore, Masters, and Flanigan
[Originating in the Committee on the Judiciary; Reported on February 17, 2026]

A BILL to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to prohibiting violations of an individual’s civil rights; clarify that persons with a disability are included as a protected class in the section; creating definitions; and creating criminal penalties.
Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-21. Prohibiting violations of an individual's civil rights; penalties.

(a) All persons within the boundaries of the State of West Virginia have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation,
or
sex,
or disability
.
(b) If any person does by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the State of West Virginia or by the Constitution or laws of the United States, because of such other person's race, color, religion, ancestry, national origin, political affiliation,
or
sex,
or disability,
he or she shall be guilty of a felony, and, upon conviction, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.
(c) If any person conspires with another person or persons to willfully injure, oppress, threaten, or intimidate or interfere with any citizen because of such other person's race, color, religion, ancestry, national origin, political affiliation,
or
sex,
or disability
in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the State of West Virginia or by the Constitution or laws of the United States, and in willful furtherance thereof to assemble with one or more persons for the purpose of teaching any technique or means capable of causing property damage, bodily injury or death when such person or persons intend to employ such techniques or means to violate this section, each such person shall be guilty of a felony, and, upon conviction, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.
(d) The fact that a person committed a felony or misdemeanor, or attempted to commit a felony, because of the victim's race, color, religion, ancestry, national origin, political affiliation,
or
sex,
or disability
shall be considered a circumstance in aggravation of any crime in imposing sentence.
(e) Nothing contained in this section makes unlawful the teaching of any technique in self-defense.
(f) Nothing in this section shall be construed so as to make it unlawful nor to prohibit nor, in any manner, to impede or to interfere with any person in conducting labor union or labor union organizing activities.
(g) For purposes of this section, " disability" has the same meaning as that term is defined in §16B-17-3 of this code.

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