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 5621, the "Prosecutor FOIA Bill," would amend West Virginia law to explicitly exempt records held by prosecuting attorneys related to criminal investigations from public disclosure under the Freedom of Information Act. This change would prevent the public from accessing case files, investigative materials, and other documents maintained by county prosecutors' offices. The bill specifically targets the exemption for "records and materials relating to the detection and investigation of crime which are received and maintained by a prosecuting attorney," making this provision clearer and more specific. As a result, the public would have fewer avenues to obtain such records through FOIA requests.
Tags
Government Transparency
HB 5267 requires West Virginia correctional facilities to assist both juvenile and adult offenders in obtaining three essential identity documents - Social Security number/card, birth certificate, and driver's license - before their release. This applies to all inmates except those convicted of unlawful vehicle operation offenses. The bill amends §15A-3-4 of the state code to mandate this assistance as part of the commissioner’s duties, ensuring these documents are provided prior to release. The policy directly affects individuals transitioning from incarceration back into communities by addressing a common barrier to employment and housing. It focuses on concrete administrative changes within correctional facilities, without specifying outcomes or broader program impacts.
HB 5428 requires employers of peace officers, firefighters, and 911 dispatchers to provide up to 12 sessions of licensed counseling (via telehealth if desired) for employees exposed to specific traumatic events in the line of duty, such as witnessing death, using deadly force, or responding to child-related incidents. Employers must cover up to 24 additional counseling sessions within one year if a mental health professional deems them necessary for recovery. The bill also prohibits requiring employees to use accrued leave for counseling appointments and ensures no loss of pay or benefits for up to 30 days if deemed unfit for duty during treatment, subject to specific conditions. It allows employees to select their own licensed mental health professional and clarifies that payment does not create a presumption of compensable claims.
SB 973 proposes to create a criminal offense for individuals who dispose of or attempt to dispose of their property to avoid paying debts, fines, or fees without the creditor's knowledge or consent. This law would directly affect debtors who transfer assets to evade payment obligations to creditors. The bill amends West Virginia Code §61-3-24 to specify that such actions constitute a misdemeanor, punishable by up to one year in jail and a $2,500 fine. It clarifies that intentionally hiding or moving property to prevent debt collection is now explicitly prohibited under state law.
SB 1037 would allow the death penalty for first-degree murder committed during a sexual abuse conviction (in the first degree) when the victim is under 12 years old and the defendant is over 18. The bill requires prosecutors to notify the court and defendant within 45 days of arraignment if seeking the death penalty, including the specific reasons they will argue for it. It also establishes procedures for jury selection, sentencing, and automatic review of death penalty cases by the West Virginia Supreme Court of Appeals. The bill repeals West Virginia’s existing ban on the death penalty to permit this specific application.
HB 5477 requires state-supported law enforcement agencies - including county sheriffs, municipal police, and regional jails receiving state funds - to join the federal 287(g) program for immigration enforcement. Larger detention facilities must use the "Jail Enforcement Model" under this program, with a fallback to the "Warrant Service Officer Model" only if federal authorities deny the primary option. The bill mandates reporting, audits, and allows withholding of state public safety funds from noncompliant agencies. It standardizes cooperation with federal immigration enforcement in detention settings across West Virginia.
HB 5427, the "Anti-Doxxing and Privacy Protection Act," prohibits publishing another person's personally identifiable information (PII) without consent when intending to harass, threaten, stalk, or cause harm. It directly affects individuals who engage in malicious doxxing (e.g., sharing home addresses, phone numbers, or location data to intimidate) and protects victims, including public officials, healthcare workers, and private citizens. Key provisions establish criminal penalties for violations, allow civil lawsuits for victims, and create procedures for redacting PII from public records when safety is at risk. The bill explicitly excludes lawful public records disclosures, judicial proceedings, and good-faith journalism to preserve constitutional protections.
SB 705 creates a new criminal offense called "theft by conversion" in West Virginia, targeting individuals who unlawfully use funds or property they were entrusted with under an agreement. It directly affects people handling others' assets (like rental companies, contractors, or anyone with a legal obligation to manage property), such as leased equipment or payments. The bill sets penalties: misdemeanors for amounts under $2,500 (up to 1 year in jail or $1,000 fine), and felonies for $2,500 or more (1-10 years in prison or fines up to $2,500). It requires courts to order restitution to victims and specifies where cases can be prosecuted (e.g., defendant’s, victim’s, or property location county). The law applies to property valued over $100, excluding late fees.
SB 918 establishes new civil service promotion criteria for municipal law enforcement officers in West Virginia. It requires officers to complete 40 hours of leadership training before taking promotional exams, which account for 40% of their score. The bill also mandates a 40% score from a board evaluation (using 1-10 ratings on tactics/leadership questions) and 20% from seniority, with all criteria applied uniformly. This directly affects municipal police officers seeking promotions, as it standardizes the process through specific, measurable requirements set by the law. The bill applies to all municipal law enforcement agencies covered by civil service provisions.
