This bill directs the West Virginia Legislature to allocate surplus state funds to the Department of Homeland Security for fiscal year 2026. The appropriation specifically supports the Division of Corrections and Rehabilitation within the department, funding information technology services and special services for correctional units. The legislation uses existing unappropriated surplus money from the State Fund's General Revenue rather than creating new revenue sources. This action increases the available budget for these specific correctional facility operations during the fiscal year ending June 30, 2026.
HB 5484 creates a new felony crime in West Virginia for conspiring to deny medical care to victims of sexual exploitation, assault, incest, or abuse. It directly affects individuals who work together (conspire) to block victims from accessing licensed medical treatment for injuries or conditions caused by these crimes. The bill establishes penalties of 5-10 years in prison, a $50,000 fine, or both for violations. This law specifically targets efforts to prevent victims from receiving necessary medical care following sexual offenses, without altering existing abortion laws.
HB 4819 would change West Virginia's licensing rules for professions requiring state authorization. It prevents disqualification for most past criminal convictions unless the crime directly relates to the profession's duties and poses a clear public risk. Licensing agencies must now consider factors like the crime's nature, time passed since conviction, and evidence of rehabilitation (such as completed treatment or employment history) before denying a license. Applicants with past convictions can petition for reconsideration after five years without new offenses (excluding violent/sexual crimes), with agencies required to respond within 60 days. This affects all individuals seeking professional licenses in West Virginia, including fields like healthcare, education, or licensed trades.
HB 4433 amends West Virginia law to create new criminal offenses for human smuggling (transporting undocumented people to evade enforcement) and human trafficking (recruiting or moving people for forced labor or sexual exploitation). It specifically targets individuals who transport adults or minors for these purposes, defining key terms like "coercion" and "forced labor" to clarify illegal conduct. The bill establishes penalties for these crimes, allows asset forfeiture of property used in trafficking, and requires restitution for victims. It also includes an exemption permitting medical, mental health, and legal services for undocumented individuals without criminal liability.
This bill updates West Virginia laws to recognize military protective orders as valid evidence of domestic violence when seeking emergency protective orders from family courts. It defines a military protective order as one issued by a commanding officer in the U.S. Armed Forces, West Virginia National Guard, or another state's National Guard against someone under their command. The legislation requires law enforcement to notify relevant agencies of potential violations of these military orders and allows them to be used in petitions for temporary personal safety orders. These changes aim to improve how courts handle cases involving service members and their families by streamlining the process for obtaining protection orders.
HB 4345 requires law enforcement agencies in West Virginia to permanently retain all records and evidence for missing persons cases that remain unresolved after one year. It mandates that agencies digitize all documentation and physical/biological evidence for these cases and transmit the complete records to the West Virginia Fusion Center. The bill directly affects law enforcement agencies (including county and municipal departments) by establishing new requirements for record retention, digitization, and database sharing. Key provisions include banning destruction of unresolved case files, requiring secure digital storage, and ensuring evidence is preserved permanently. This applies to all missing persons cases, not just children or high-risk situations.
HB 4552 clarifies that correctional officers in West Virginia's Division of Corrections and Rehabilitation who complete required training are recognized as law-enforcement officers. The bill authorizes these officers to make arrests on facility property for violations of state law, detain escapees, and carry firearms both on and off duty (with annual firearms training). It also establishes that qualifying officers are recognized under federal law (18 U.S.C. §926B) for off-duty carry and retirement benefits. The policy directly affects correctional officers employed by the Division, expanding their legal authority and equipment access while specifying training and certification requirements.
HB 5067 clarifies the Division of Administrative Services' role in managing federal grants for law enforcement. It allows the Director to directly partner with law enforcement agencies (like the State Police) to apply for and administer federal grants restricted to such agencies. The bill also removes a previous requirement for the Deputy Secretary to hear certain appeals, instead directing the Office of Administrative Hearings to handle appeals from the Governor’s Committee on Crime subcommittees. This affects how state agencies coordinate federal grant funding and process appeals related to law enforcement certification decisions. The changes streamline grant administration but do not create new law enforcement powers.
SB 650 amends West Virginia law to define a psychiatric hospital treating exclusively civil and forensic patients (with over 95% of its inpatient census being court-ordered forensic or civil involuntary commitments from state custody) as a "state-designated facility" for tax purposes. This change excludes such hospitals from the category of "eligible acute care hospitals" subject to a 0.75% tax on gross receipts, exempting them from this tax. The bill directly affects psychiatric hospitals in West Virginia meeting this specific patient mix requirement by altering their tax classification under the Medicaid funding structure.
SB 84 prohibits West Virginia law enforcement officers from installing surveillance cameras on private property without either the property owner's consent or a valid search warrant. This directly affects police departments and private landowners by requiring legal authorization before placing cameras on fenced, posted, or cultivated land owned by non-government entities. Exceptions allow installation in areas visible to the public without authorization or during emergencies where obtaining consent/warrant isn't feasible. The bill defines "surveillance camera" to exclude police vehicle dash or body cameras but explicitly covers devices like game cameras used for observation. It applies to all law enforcement officers, including state natural resources agents, under West Virginia law.