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HB 2113

Relating to accessories to a crime

2025 Regular Session Introduced by Doug Smith

House Bill 2113 exempts domestic partners from accessory charges, reclassifies family accessories as misdemeanors, and clarifies penalties for aiding offenders in West Virginia.

To House Judiciary
#crime
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Bill Summary · HB 2113

Summary of House Bill 2113

Bill Number: HB 2113
Title: Relating to accessories to a crime
Status: To House Judiciary
Introduced: February 12, 2025
Classification: Bill
Subject: Crime

Purpose and Intent

House Bill 2113 aims to amend existing laws regarding the classification and penalties for individuals who are considered accessories to crimes in West Virginia. The bill seeks to clarify the legal status of certain individuals related to felony offenders and to adjust the penalties associated with being an accessory to a crime.

Key Provisions

The bill proposes several significant changes to §61-11-6 of the Code of West Virginia, 1931, including:

  1. Domestic Partners Exemption:

    • Individuals who are domestic partners of a felony offender will not be classified as accessories after the fact. This change aims to protect domestic partners from legal repercussions associated with aiding an offender.

  2. Removal of Servant Prohibition:

    • The bill removes the existing prohibition that a servant of an offender cannot be considered an accessory after the fact. This change allows for the possibility that servants may be classified as accessories under certain circumstances.

  3. Misdemeanor Classification for Family Accessories:

    • An accessory to a felony who is a close relative (brother, sister, parent, grandparent, child, or grandchild) of the principal offender will be guilty of a misdemeanor. This provision aims to hold family members accountable while differentiating their culpability from that of non-relatives.

  4. Misdemeanor for Accessory to a Misdemeanor:

    • The bill clarifies that being an accessory to a misdemeanor is also a misdemeanor, with penalties including confinement for up to 30 days and/or a fine of up to $500.

Impact

  • Who is Affected:

    • The bill primarily affects individuals who may be classified as accessories to crimes, particularly domestic partners and family members of offenders. It also impacts the legal framework surrounding the prosecution of accessories to both felonies and misdemeanors.

  • Legal and Social Implications:

    • By exempting domestic partners from being classified as accessories, the bill may reduce the legal burdens on individuals in domestic relationships with offenders. However, it also increases accountability for family members who assist offenders.

Procedural Aspects

  • Legislative Timeline:
    • The bill was filed and introduced on February 12, 2025, and has been referred to the House Judiciary Committee for further consideration.

Conclusion

House Bill 2113 proposes important changes to the legal treatment of accessories to crimes in West Virginia, particularly concerning domestic partners and family members of offenders. By clarifying these provisions, the bill aims to balance accountability with the complexities of familial relationships in the context of criminal law.

Compiled from official sources — confirm details with the bill’s official record.

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