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.
HB 5361 would prevent state and local law enforcement officers in West Virginia from conducting immigration-related arrests, detentions, or surveillance in sensitive locations like schools, places of worship, hospitals, courthouses, and facilities serving vulnerable populations (e.g., victims of abuse or individuals with disabilities). The bill defines these "sensitive locations" and prohibits immigration enforcement actions there, except when a court orders entry or an imminent public safety threat requires intervention. This directly affects how state/local officers interact with immigration enforcement in these settings. The law does not restrict federal immigration enforcement actions but limits state/local cooperation in protected locations.
HB 5443 increases compensation rates for panel attorneys and guardian ad litem professionals working in West Virginia's public defender and child welfare cases. It requires the Public Defender Services to pay approved vouchers within 45 business days, establishes clearer rules for submitting and reviewing billing records, and creates a formal process for resolving payment disputes. The bill also adds new definitions related to child abuse cases and expands when courts may skip "reasonable efforts" to keep families together. These changes directly affect legal professionals appointed in public defender cases and child welfare proceedings. The bill focuses on streamlining payment processes and clarifying requirements for court-appointed legal services.
HB 5341 creates a public registry of domestic violence offenders in West Virginia, maintained by the State Police and accessible online. Individuals convicted of domestic violence against an intimate partner (with at least one prior conviction) or of sexual assault, abuse, or causing serious bodily injury must register and pay a $150 fee, with $50 funding family court services and $100 supporting domestic violence legal aid. The registry includes basic identifying details like name, date of birth, and conviction dates but excludes sensitive information such as addresses or Social Security numbers. Removal from the registry occurs after 5 years for one prior conviction, 10 years for two prior convictions or severe offenses, or for life with three or more prior convictions, applying to offenses occurring on or after July 1, 2026.
HB 5473 creates a civil remedy in West Virginia for individuals harmed when a federal officer or employee violates constitutional rights while acting outside their official duties. It allows residents to sue such federal personnel in state court for constitutional violations (like free speech or due process) that exceed their lawful authority, but only when federal courts would not handle the case under 28 U.S.C. § 2679(d). The bill explicitly states it does not waive federal immunity or replace existing federal lawsuits, and applies only to conduct deemed "outside the scope of employment" under federal law. This policy change provides a state-level legal avenue for constitutional claims against federal actors in specific circumstances.
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West Virginia's SB 863 increases the maximum monthly fee parolees must pay for supervision from $40 to $50, based on their ability to pay. The bill requires the Division of Corrections and Rehabilitation to assess factors like income, assets, debts, and essential expenses when determining individual fees. This change directly affects parolees in West Virginia by raising the upper limit for supervision fees while maintaining the requirement that fees remain affordable based on each person's financial situation.
HB 5471 increases annual salaries for West Virginia judges and magistrates, effective July 1, 2026. It raises magistrates' pay to $75,880 (from $63,250), Supreme Court justices to $154,600 (from $149,600), circuit judges to $143,600 (from $138,600), and family court judges to $126,424 (from $103,950). The bill also clarifies retirement contribution rules for judicial positions. These changes directly affect all active state judges and magistrates, with no county-level funding required for these salary adjustments.
HJR 37 proposes a constitutional amendment to legalize cannabis for adults 21 and older in West Virginia. It would allow possession of up to two ounces of cannabis or four plants per person, permit the legislature to regulate sales and manufacturing, and require courts to dismiss or expunge prior convictions for small-quantity possession. This amendment requires voter approval at the 2026 general election to take effect. If approved, it would directly affect adults 21+ and individuals with past cannabis possession convictions. The bill does not establish specific regulations but authorizes the legislature to create them.
SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.
HB 5198 amends West Virginia's hate crime law to explicitly include "disability" as a protected class alongside race, sex, and other characteristics. It increases penalties for crimes motivated by disability bias - such as violence or intimidation - by classifying such acts as felonies punishable by fines up to $5,000 or 10 years in prison. The bill applies to all individuals with disabilities as defined under state law (§16B-17-3), directly affecting victims of disability-targeted crimes and holding perpetrators accountable under existing hate crime provisions.
