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Bills increasing penalties for child abuse, protecting newborns celebrated

SIGNING — Gov. Patrick Morrisey, joined by legislators and other Southern West Virginia officials, signed three bills Thursday aimed at protecting the unborn, new mothers, and children. -- Photo Courtesy/WV Governor’s Office

CHARLESTON — Gov. Patrick Morrisey and several lawmakers celebrated the passage by the West Virginia Legislature last month of several bills aimed at protecting newborn children and increasing penalties for child abuse.

Morrisey held a ceremonial bill signing ceremony Thursday at CrossPoint Church in Beckley for Senate Bill 537, establishing the West Virginia Mothers and Babies Pregnancy Support Program; House Bill 2123, modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse; and House Bill 2871, relating to the crime of negligent homicide.

“I think we’ve been doing some good work in West Virginia,” Morrisey said. “There’s always more that we can do, but we can’t let up now. That’s why today, I’m very proud to announce the signing of three positive pro-life pieces of legislation to further protect the unborn, our children and our mothers.”

SB 537 creates the West Virginia Mothers and Babies Pregnancy Support Program within the Bureau for Public Health. The program will provide funding for “pregnancy help organizations, defined as any organization that provides a range of services to pregnant women, excluding organizations that perform, prescribe, refer for or encourage abortion.

Approved organizations include what are sometimes called “crisis pregnancy organizations,” as well as maternity homes, adoption agencies, and social services agencies that provide material support and other assistance to pregnant women.

SB 537 expands the permitted uses of these funds for eligible organizations to include capital expenditures, costs for adding services, expenses related to meeting licensing or accreditation standards, and staff and volunteer training, with funding distribution following a fee-for-service arrangement. The Legislature provided $3 million in funding for the program in the budget bill for fiscal year 2026 beginning in July.

“It expands the use of the state funds for pregnancy health organizations, which now can cover some new expenditures for some new land or buildings, for some additional services for the young moms in need to help some of the providers meet licensing and accreditation and to engage in staff training,” Morrisey said. “It’s a good bill…I thank the Legislature for their actions too. They put their money where their mouth was, and I thought that was really terrific.”

“If we’re going to have these mothers have their babies, they’re going to have to do something to help them,” said state Sen. Rollan Roberts, R-Raleigh. “We have to have the wraparound services. We have to do something. So, there was a commitment that several of us made in both chambers at that time to make something good happen for the mothers and the babies.”

HB 2123 modifies criminal penalties for parents, guardians, custodians, or those in a position of trust who cause injury or create a risk of harm to a child through abuse or neglect. The bill introduces increased penalties for repeat offenders and defines what constitutes a prior conviction in these cases.

Jail time for abuse of a child that causes bodily injury will increase from one to five years to two to 10 years. Jail time for abuse that creates a substantial risk of death or serious bodily injury will increase from one to five years to two to 10 years. Jail time for abuse causing serious bodily injury will increase from two to 10 years to five to 15 years.

The bill also details potential sentencing requirements for misdemeanor convictions and clarifies that reasonable discipline is not precluded, while also addressing financial hardship as a potential factor in neglect cases.

“Once again, we have to protect our most precious among us, and if you harm a child as a parent or guardian, you’re going to pay a heavy price,” Morrisey said. “In West Virginia, we’re going to look after our kids, and we’re going to hold abusers accountable.”

HB 2871 would allow someone to be charged with vehicular homicide and homicide by operation of a motorized watercraft in the event a child is lost in the womb due to an automobile or boating incident.

“The loss of a child in a womb now under this new law, that can be considered a death for purposes of prosecution,” Morrisey said. “That’s good, and that’s just common sense. A life in the womb is still a life, and our laws have to reflect the fact that they are.”

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