Senate 611

WEST virginia legislature

2026 regular session

Introduced

Senate Bill 611

By Senator Garcia

[Introduced January 27, 2026; referred
 to the committee on the Judiciary]

A BILL to amend and reenact §61-2-5 of the Code of West Virginia, 1931, as amended, relating to codifying the common-law definition of “involuntary manslaughter”; and specifying that a defendant’s act must proximately cause the death of another.

Be it enacted by the Legislature of West Virginia:

Article 2. Crimes Against the Person.

§61-2-5. Involuntary manslaughter; penalty.

Involuntary manslaughter is a misdemeanor and, any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed $1,000, or both, in the discretion of the court

Any person who, in the commission of an unlawful act not amounting to one of the felony offenses enumerated in §61-2-1 of this code, or in the commission of an otherwise lawful act undertaken in an unlawful manner, unintentionally and proximately causes the death of another is guilty of the misdemeanor offense of involuntary manslaughter and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.

NOTE: The purpose of this bill is to codify the common-law definition of the misdemeanor offense of involuntary manslaughter and to specify that a defendant’s act must proximately cause the death of another for a conviction to result.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.