The Joanna Phillips Domestic Violence Prevention Act
Summary
HB5101, titled the Joanna Phillips Domestic Violence Prevention Act, amends West Virginia’s criminal code to clarify and expand the state’s treatment of strangulation, suffocation, and asphyxiation offenses and to strengthen penalties when those acts occur in a domestic violence context. The bill defines “strangle,” “suffocate,” and “asphyxiate” in statute, and it makes it a felony to commit those acts without consent and cause bodily injury or loss of consciousness. It also creates a higher penalty range when the victim is a family or household member, or when the conduct occurs alongside other specified violent offenses, and it increases penalties for repeat offenders.
Impact
The bill amends and reenacts §61-2-9d and §61-2-28 of the West Virginia Code, directly affecting the state’s assault and domestic violence statutes. It adds or clarifies definitions used by prosecutors and courts, raises incarceration ranges for certain strangulation-related offenses, expands the list of prior offenses that can trigger enhanced domestic violence penalties, and limits duplicative charging for the same act under related statutes. It also provides law-enforcement immunity from false arrest or unlawful detention claims when arrests are made under the domestic violence arrest provisions referenced in the bill.
Sentiment
The available voting history shows strong bipartisan support and no recorded opposition: the bill passed the House 91-0, the Senate 32-0, and both chambers later concurred in amendments unanimously. The lack of recorded dissent suggests broad agreement with the bill’s goal of strengthening domestic violence protections and penalties. The bill’s caption and structure indicate it was framed as a victim-protection measure rather than a controversial policy change.
Contention
No committee transcript or recorded floor debate is provided, and the roll calls show no opposition, so there is no documented substantive contention in the available materials. The main policy choices reflected in the text are the increased felony penalties, the expanded domestic violence enhancement scheme, and the statutory clarification of strangulation-related terms. Any potential concerns would likely center on sentencing severity, charging rules, or the scope of law-enforcement immunity, but those concerns are not reflected in the supplied history.