During the West Virginia House of Delegates 2012 first regular session held Feb. 8, the house unanimously passed House Bill 4356 to amend a child abuse and neglect law. The proposed bill creates the misdemeanor charge for child neglect creating a substantial risk of bodily injury, a level of offense not previously available to prosecutors in West Virginia.

The bill, which was first introduced on Jan. 31, amends and reenacts 61-8D-4 of the West Virginia Code from 1931, relating to creating the misdemeanor offense for child neglect by a parent, guardian, or custodian which creates a substantial risk of bodily injury; penalties; and exceptions.

This bill is meant to extend the margin for prosecutors in pressing charges against those neglecting or abusing children. It is hoped that with the implementation of the misdemeanor offense charge, such cases will be presented and resolved more quickly.

The amended article proposes the first two offenses as misdemeanors, with punishments of fines of $500 to $1,000 and/or jail time of 30 days to six months, or up to a year for the second offense. Furthermore, all persons convicted of a first offense will also be required to complete a parenting plan and parenting education class. Upon a third or subsequent offense, the individual can be found guilty of a felony offense and be fined up to $2,000 and imprisoned in a state correctional facility for one to three years.

The bill was introduced by Delegates Barbara Fleischauer (D-Monongalia), Bonnie Brown (D-Kanawha), Lynwood Ireland (R-Ritchie), Tiffany Lawrence (D-Jefferson), Mike Manypenny (D-Taylor), Justin Marcum (D-Mingo), Tim Miley (D-Harrison), Doug Skaff Jr. (D-Kanawha), Josh Stowers (D-Lincoln), Rupert Phillips Jr. (D-Logan), and Daniel Hall (D-Wyoming).

Delegate Dave Pethtel (D-Wetzel) shared that this bill was referred to the Senate Judiciary Committee on Feb. 9.