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West Virginia Bill HB 4041 imposes mandatory 25-year sentence for assaulting law enforcement officers or animals

Original title: Making it a mandatory 25 year sentence for an assault on any law enforcement or animal

Last action · January 14, 2026: To House JudiciarySponsor: Phil Mallow

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia House Bill 4041 establishes a mandatory 25-year prison sentence for individuals convicted of assaulting a law-enforcement officer or law-enforcement animal acting in an official capacity. The measure amends existing criminal penalties under Chapter 61 of the West Virginia Code.

Why it matters

Changes criminal sentencing guidelines by removing judicial discretion and setting a fixed 25-year term for specific offenses against law enforcement personnel or animals, directly altering potential prison terms for convicted individuals.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Law-enforcement officers

Receive enhanced legal protections through a mandatory 25-year sentence applied to individuals convicted of assaulting them.

Directly affected

Law-enforcement animals

Receive enhanced legal protections under assault provisions matching those for human officers.

Directly affected

Individuals prosecuted for assault in West Virginia

Subject to a mandatory 25-year confinement term upon conviction for assaulting a law-enforcement officer or animal.

Key Facts

  • Establishes a mandatory 25-year sentence of confinement in jail for any person who unlawfully attempts to commit a violent injury to a law-enforcement officer or law-enforcement animal acting in an official capacity.
  • Applies to offenders who commit an act placing a law-enforcement officer or law-enforcement animal in reasonable apprehension of immediately receiving a violent injury while knowing the victim is acting in an official capacity.
  • Amends §61-2-10b of the Code of West Virginia, 1931, as amended.
  • Retains existing misdemeanor and felony tiers for malicious assault, unlawful assault, battery, and general assault against other government representatives, health care workers, utility workers, emergency service personnel, and correctional employees.

Frequently Asked Questions

What is the penalty for assaulting a law enforcement officer or animal under HB 4041?
The bill establishes a mandatory sentence of confinement in jail for not less than 25 years for anyone convicted of assaulting a law-enforcement officer or law-enforcement animal acting in an official capacity.
Does this bill change penalties for assaulting other workers like healthcare or utility staff?
No, the 25-year mandatory sentence specifically applies to law-enforcement officers and law-enforcement animals under subsection (f), while existing penalties for other categorized workers remain structured under their respective subsections.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Jan 14, 2026HouseCommittee
    To House Judiciary
  2. Jan 14, 2026HouseIntroduced
    Introduced in House
  3. Jan 14, 2026HouseCommittee
    To Judiciary
  4. Jan 14, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

West Virginia Division of Corrections, Phil Mallow, West Virginia Division of Juvenile Services and 1 more
OrganizationWest Virginia Division of Corrections“Operates state correctional facilities mentioned in statute definitions”Map →
PersonPhil Mallow“Delegate who introduced House Bill 4041”Map →
OrganizationWest Virginia Division of Juvenile Services“Manages juvenile custody and detained persons mentioned in statute definitions”Map →
OrganizationWest Virginia Regional Jail Authority“Operates regional jail facilities mentioned in statute definitions”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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