Bill
HB 3476
West Virginia HB 3476 adds gender and sexual orientation to protected civil-rights classes, making violence or threats motivated by these traits a felony (up to 10 years, $5,000).
Status (as provided)
- Jurisdiction: West Virginia (introduced version). Note: the provided packet also contains unrelated text from an Illinois bill with the same number; see “Note on duplicate materials” below.
- Introduced: March 17, 2025 (West Virginia version)
- Sponsor (WV): Delegate B. Smith (primary)
- Current status (WV): Introduced in House; referred to House Government Organization, then Judiciary
- Subject: Crime / civil-rights offenses
Purpose
- To expand West Virginia’s criminal statute that prohibits violations of an individual's civil rights by adding “gender” and “sexual orientation” to the list of protected characteristics. The bill’s stated purpose is to explicitly make violence, threats, intimidation, and related conspiracies motivated by a victim’s gender or sexual orientation punishable as felony civil-rights violations.
Key provisions (changes to W. Va. Code §61‑6‑21)
- Expands the protected classes listed in subsection (a) to include “gender” and “sexual orientation” along with race, color, religion, ancestry, national origin, political affiliation, and sex.
- Subsection (b): Makes it a felony to, by force or threat of force, willfully injure, intimidate, interfere with, or attempt to do so to another person in the exercise of state or federal rights because of any listed characteristic (now including gender and sexual orientation). Penalty on conviction: fine up to $5,000 and/or imprisonment up to 10 years.
- Subsection (c): Extends felony liability to conspiracies to commit such acts; includes an enhanced clause for assembling to teach techniques likely to cause property damage, bodily injury, or death if intended to be used to violate the section. Penalty: fine up to $5,000 and/or imprisonment up to 10 years.
- Subsection (d): Clarifies that commission (or attempted commission) of a felony or misdemeanor for reasons listed (now including gender/sexual orientation) is an aggravating factor at sentencing.
- Subsections (e)–(f): Preserve exemptions — the teaching of self‑defense is not made unlawful; activities related to labor unions or organizing are not restricted by this section.
Who is affected
- Victims: People targeted because of their gender or sexual orientation gain explicit statutory protection under the civil‑rights offense.
- Perpetrators: Individuals who commit forceful or threatened acts motivated by gender or sexual orientation face felony charges and the prescribed fines and imprisonment.
- Criminal-justice actors: Law enforcement, prosecutors, and courts will apply this statute when investigating and prosecuting bias-motivated offenses involving gender or sexual orientation.
- Employers, community groups, and organizers may see clarified protections, though the bill expressly preserves labor‑organizing activity and self‑defense instruction.
Penalties and enforcement
- Felony punishable by up to 10 years imprisonment, a fine up to $5,000, or both.
- Conspiracy and related preparatory conduct are also felonies under the statute.
- Treated as an aggravating circumstance for sentencing in other crimes.
Procedural / timeline notes
- Introduced March 17, 2025; referred to House Government Organization, then Judiciary. Monitor those committee hearings for amendments or votes.
- No fiscal analysis or effective-date language is included in the WV text excerpt; standard legislative processes and committee action will determine next steps.
Note on duplicate materials
- The materials provided also include text from an unrelated Illinois HB 3476 (introduced by Rep. Jennifer Gong‑Gershowitz) concerning dental coverage reimbursement and third‑party fees. That is a different bill in a different state and is not part of the West Virginia civil‑rights proposal summarized above. Verify the applicable jurisdiction before using this summary for legal or policy action.
Compiled from official sources — confirm details with the bill’s official record.
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