HB 5334 protects residential tenants in West Virginia who face safety threats. It allows tenants to end leases without penalty if they fear imminent violence from domestic abuse, sexual conduct, stalking, or sexual extortion - without requiring a conviction. Landlords cannot block tenants from calling police or penalize them for doing so, and must keep all related details (like the perpetrator's name or relocation address) confidential. The bill also prohibits landlords from using such information in databases or against tenants in eviction cases, while requiring written notice with proof of the threat before lease termination.
HB 5413 creates a Central Abuse Registry managed by the West Virginia State Police to track individuals convicted of abuse, neglect, or misappropriation of property involving children, incapacitated adults, or adults receiving behavioral health services in specific settings like residential care facilities, day care centers, or home care. It requires registrants to provide personal details (name, DOB, SSN) and pay an annual $125 fee to the circuit clerk, with fees funding mental health services for State Police employees. The registry combines existing requirements, so those already registering as sex offenders only pay one $125 fee instead of separate fees. Failure to pay the fee does not violate supervised release, but unpaid fees may result in a recorded judgment lien.
HB 5368 would create a public registry for West Virginia domestic violence offenders with at least two qualifying convictions. It requires individuals convicted of two domestic violence offenses (such as domestic battery, assault, or strangulation against an intimate partner) to register with local state police, providing their name, address, and other identifying details. The registry would make this information publicly available to help community members protect themselves and their children, while the bill explicitly states it is for safety purposes, not punishment. The law applies retroactively to existing offenders and defines "domestic violence" under specific state statutes.
HB 4812, the West Virginia Anti-Federal Commandeering Act, prohibits federal authorities from compelling state or local law enforcement agencies to conduct activities that violate constitutional rights. It defines "commandeering" as federal control of state resources without explicit state authorization and requires such authorization for any federal request. The bill empowers the West Virginia Attorney General to challenge federal actions deemed unconstitutional and to publish model policies for law enforcement. It directly affects all West Virginia law enforcement entities, including local police departments and state agencies, by preventing federal coercion of their personnel or resources. The law aims to protect constitutional rights while allowing cooperation on lawful federal-state law enforcement efforts.
HB 4677 would amend West Virginia law (§20-7-4) to require natural resources police officers to obtain either a landowner's consent or a warrant before entering private property for enforcement purposes. This change directly affects landowners and DNR officers, altering current authority to enter private lands. Key provisions include adding this requirement to the officer's duties while maintaining exceptions for emergencies involving imminent threats to public safety or accidents. The bill does not change officers' existing authority to enter state-owned lands or enforce laws on public waters.
HB 4053 establishes the "Blue Envelope Program" to improve communication between law enforcement and drivers with autism spectrum disorder, dementia, or intellectual/developmental disabilities during traffic stops. Eligible drivers (with a valid license/permit) can request a specially designed blue envelope containing their license, registration, and emergency contact information, along with a vehicle decal and communication guidance for officers. The program, set to launch January 1, 2027, will be administered through the West Virginia Division of Motor Vehicles, sheriff's offices, and police stations.
SB 117 creates a reward program for West Virginia residents who provide information leading to arrests for drug trafficking. The program is funded by a one-cent excise tax on each purchase of opioid antagonists (like naloxone) and fentanyl test strips, with revenue directed to a special account managed by the West Virginia State Police. Citizens reporting drug trafficking information will receive rewards paid from this account, and the rewards are exempt from taxation. The bill also includes privacy protections for informants and defines key terms like "opioid antagonist kits" and "test strips."
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.
HB 4628, the PEEPS Act, requires West Virginia law enforcement agencies to obtain a warrant before accessing historical location data (such as license plate records, cell tower logs, or traffic camera footage) about people or vehicles. Exceptions include when a vehicle owner reports a theft, for traffic enforcement, toll collection, or in immediate emergencies where a warrant cannot be secured. The bill mandates that agencies encrypt this data, prohibit sharing or selling it to private companies, and maintain detailed records of all access requests with supervisor approval. This law directly affects police departments and government entities that collect location information, aiming to limit unwarranted surveillance while allowing specific public safety uses.
HB 4095 would remove qualified immunity for West Virginia police officers who use excessive force or act negligently during no-knock warrant operations. If a court finds an officer violated equal protection laws through reckless, illegal, or excessive force causing injury or trauma, they could be held personally liable. The bill also requires courts to review both the officer's actions and their agency's training procedures; if inadequate training is identified, the police department could face liability. This directly affects officers executing no-knock warrants, their agencies, and residents subjected to such operations.
