HB 5138 West Virginia House of Delegates · 2026 Regular Session

Relating to law enforcement warrant for third party information

HB 5138 requires law enforcement agencies to obtain a warrant before accessing most personal information held by internet and phone companies, such as names, addresses, payment details, and call records. It directly affects law enforcement agencies and telecommunications providers by mandating judicial oversight for these data requests during criminal investigations. The bill allows warrantless access only in specific emergencies (e.g., imminent risk of death, kidnapping, or human trafficking), with subscriber consent, or if the data is publicly accessible. This replaces current practices where such third-party records could often be obtained without a warrant.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 3, 2026 Last action Feb 3, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 3, 2026
Committee
To House Judiciary
lower
Feb 3, 2026
Introduced
Introduced in House
lower
Feb 3, 2026
Committee
To Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Kayla Young
Kayla Young
DDemocratic
WV
56