HB 5589 (West Virginia) prohibits state law enforcement agencies from entering new or continuing existing 287(g) agreements with federal immigration authorities (like ICE). It requires judicial warrants for ICE to enter nonpublic areas of government facilities or conduct enforcement in sensitive locations (schools, hospitals, places of worship). The bill bans detaining individuals solely based on ICE detainers and prohibits transferring people to ICE without a warrant. It directly affects all West Virginia law enforcement agencies and state facilities by restricting cooperation with federal immigration enforcement absent court authorization. The bill repeals previous state laws governing immigration cooperation and establishes new requirements for warrant-based enforcement.
HB 5408 would require West Virginia government entities (such as state agencies, counties, and municipalities) to obtain a court-issued warrant before sharing personal information for federal immigration enforcement. Before disclosing such data, agencies must verify with requesters - under penalty of perjury - whether the information is sought for immigration enforcement and, if so, demand a warrant from a federal or state court. The bill also mandates annual reports to the attorney general and legislature detailing the number of immigration-related requests received and how they were handled. This law directly affects local and state agencies that handle personal data, including law enforcement and social services departments.
HB 5548, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," prohibits distributing deepfake videos or images that falsely depict a person engaging in non-consensual sexual conduct without their permission. It targets individuals who intentionally share such content to coerce, harass, or damage reputations, with penalties including fines up to $10,000 or up to five years in prison for repeat offenses. The law explicitly excludes constitutionally protected speech like political satire, commentary, or media with clear disclosures that it is manipulated. It also allows affected individuals or officials to seek court orders to stop violations.
HB 5540 would require law enforcement in West Virginia to inform individuals upon arrest of three specific rights: the right to remain silent, the right to have an attorney present during questioning, and the warning that statements may be used against them in court. This bill directly affects anyone arrested for civil or criminal violations in the state by codifying standard due process warnings into state law. The key provision mandates these specific advisements be provided at the time of arrest, aligning with established legal protections. The bill does not create new rights but formally incorporates existing due process requirements into West Virginia's Code. It is currently pending in the House Judiciary Committee after introduction on February 16, 2026.
SB 915 clarifies that juveniles, including those transferred to adult court, cannot be detained in facilities where they might have contact with or be near adult inmates (convicted or awaiting trial) or with adult facility staff. The bill removes ambiguous language from existing law and gives the Corrections Commissioner discretion to oversee staff procedures in jails or lockups where juveniles are placed near adults. It also requires the Division of Juvenile Services to notify courts when a juvenile turns 18, triggering a hearing to transfer them to an adult facility or other appropriate setting before their 18th birthday. This change aims to prevent confusion in juvenile placement decisions and ensure consistent handling within West Virginia's correctional system.
HB 5261 updates West Virginia's laws on seizing property involved in criminal activity. It specifies that when someone is convicted of a crime involving contraband (such as drugs, tax-evading tobacco, or equipment used to manufacture illegal substances), the court can order forfeiture of the crime's proceeds, property traceable to those proceeds, and items used to commit the crime (like vehicles, containers, or records). The bill includes new protections for innocent property owners, such as allowing vehicle owners to keep their property if they didn’t know it was used for illegal activity. It also establishes clear rules for handling seized property, including requirements for returning property to owners and restrictions on selling forfeited items.
HB 5104 requires parolees or probationers identified through a standardized risk assessment as having a history of substance abuse to participate in approved support services for a minimum of 60 days. This applies specifically to individuals under supervision whose assessment (mandated under §62-12-6) confirms substance abuse history. The bill adds this as a mandatory condition of release under §62-12-17(a)(4), with participation schedules approved by probation or parole officers. It directly affects individuals on parole or probation in West Virginia whose substance abuse history is documented via the court-mandated assessment process.
HB 5094 bans private ownership and operation of prisons in West Virginia, effective July 1, 2026. The bill prohibits private companies from running correctional facilities, removing existing approval requirements for private prison operations that would otherwise apply. It explicitly allows state-run facilities and specifies that foreign court inmates sentenced abroad cannot be held in private prisons. This directly affects private prison companies operating in West Virginia and changes the state's correctional system by eliminating private contracting for prison management.
HB 4722 creates a new offense for knowingly making or spreading false claims in court or legal proceedings after being notified the claim is false, with intent to cause harm. It imposes criminal penalties (misdemeanor for first offense, felony for repeat) and enhanced penalties for cases leading to arrest, loss of custody, or job loss. Upon conviction, courts must order restitution, correct false records, and assist with expungement, while victims can sue for damages including triple damages for repeat violations. The bill also establishes a confidential registry for convicted individuals and includes protections for good-faith reports.
This bill reorganizes West Virginia's bail statutes to clarify procedures for pretrial release. It mandates release on recognizance (without paying bail) for most misdemeanor defendants unless they face specific offenses like violent misdemeanors, crimes against minors, or drug offenses. Judicial officers must consider factors like the nature of the offense, defendant's criminal history, and ability to pay when setting bail, while setting a maximum cash bail amount for misdemeanors. The bill removes outdated provisions about bail amounts for multiple charges and requires courts to provide specific information for recognizance releases, directly affecting misdemeanor defendants and court proceedings.
