Criminal Justice (Courts)

in committee · West Virginia · Senate Jan 14, 2026

SB 105: Restricting public access to crime records

SB 105 (Restricting public access to crime records) allows certain individuals with pardoned or dismissed criminal charges to petition a court to limit public access to their records. Eligible individuals must have received a full pardon (with no recent non-traffic convictions or pending charges) or had charges dismissed/reduced to a local ordinance violation. The court can restrict access if it determines the harm to the person outweighs public interest, after a hearing and publication notice. Records remain accessible for sentencing, law enforcement, bar admissions, and other specific official uses, but are restricted for general public view. This bill does not apply to violent crimes, animal violence, or certain drug offenses involving violence.

Topics ✓ Criminal JusticeSupports Criminal JusticeAllows sealing records for pardoned/dismissed cases, reducing barriers to reintegration and aligning with criminal justice reform goals like reducing recidivism.95% confidence

Sub-Topics Courts Law Enforcement Sentencing

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in committee · West Virginia · Senate Jan 14, 2026

SB 16: Creating Child Protection Investigations Reform Act

SB 16, the Child Protection Investigations Reform Act, requires West Virginia's Department of Human Services to provide specific information to parents or custodians accused of child abuse or neglect at the start of an investigation. The bill mandates two key notifications: (1) a plain-language "Parent’s Guide" explaining investigation steps, court processes, and confidentiality, and (2) a verbal/written summary detailing the person’s rights, including the right to legal counsel, refusal of medical exams, and protection under the Fourth Amendment. These requirements apply only to investigations initiated on or after July 1, 2026, and do not change existing investigation procedures. The law aims to ensure individuals understand their rights during child protective services proceedings.

Topics ✓ Criminal JusticeSupports Criminal JusticeMandates rights notifications (including legal counsel) during investigations, protecting civil rights in criminal justice process per bill's plain-language requirements.95% confidence

Sub-Topics Courts

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in committee · West Virginia · House of Delegates Jan 21, 2026

HB 4650: Modifying the process by which a Defendant is entitled to a trial by jury in municipal court

HB 4650 modifies when defendants in West Virginia municipal court are entitled to a trial by jury. It specifies that only defendants charged with offenses carrying potential jail time or fines exceeding $5,000 qualify for a jury trial. This change directly affects individuals facing municipal court criminal charges where penalties could reach these thresholds, replacing previous eligibility rules with the new $5,000 fine standard. The bill does not alter jury size (still 12 members) or other procedural rules for municipal court trials.

Topics ✗ Criminal JusticeOpposes Criminal JusticeLimits jury trial access for lower-level offenses, reducing defendant rights by restricting eligibility to only high-penalty cases.90% confidence

Sub-Topics Corrections Courts

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in committee · West Virginia · House of Delegates Jan 21, 2026

HB 4682: Fourth Amendment Restoration Act

HB 4682, the Fourth Amendment Restoration Act, prohibits West Virginia law enforcement officers and local government officials from using specific surveillance and artificial intelligence technologies without a warrant. It bans real-time security monitoring, facial recognition, license plate readers, surveillance drones, and other listed tools for law enforcement purposes unless a court issues a warrant based on probable cause. Violators face felony charges with penalties including up to one year in prison and $10,000 fines per violation. The bill also allows individuals to sue officials who violate these restrictions and requires immediate discontinuation of existing use of banned technologies by all local governments. The law takes effect immediately upon passage.

Topics ✓ Criminal JusticeSupports Criminal JusticeRestricts law enforcement surveillance tech without warrants, protecting civil rights and enhancing police accountability per Fourth Amendment protections.95% confidence ✗ TechnologyOpposes TechnologyRestricts law enforcement use of surveillance/AI tech without warrants, limiting facial recognition, drones, and license plate readers per bill's explicit prohibitions.90% confidence

Sub-Topics Corrections Courts Law Enforcement Artificial Intelligence Emerging Technology

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passed both · West Virginia · House of Delegates Mar 13, 2026

HB 4603: Relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative disposition

HB 4603 creates a new process for resolving certain criminal and juvenile cases without a formal court trial. It establishes a system allowing courts to offer alternatives like community service or counseling instead of a conviction for eligible cases, such as criminal charges that could lead to jail time or juvenile proceedings. The bill amends existing West Virginia law to define and incorporate this "pre-adjudicatory alternative disposition" process, specifying which cases qualify and how they are handled. This change aims to provide non-punitive resolutions for qualifying cases while streamlining court proceedings.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates pre-adjudicatory alternatives (community service/counseling) to avoid convictions, reducing recidivism and aligning with reform goals per bill's purpose.85% confidence

Sub-Topics Corrections Courts Juvenile Justice

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in committee · West Virginia · House of Delegates Feb 11, 2026

HB 4458: Creating Substance Abuse Intervention Act

HB 4458, known as "Joel’s Law," creates a legal process for involuntary treatment of individuals with substance use disorders who pose an imminent danger to themselves or others. It requires a petition from a family member, friend, or guardian to a West Virginia Circuit Court, accompanied by a guarantee to cover treatment costs, and sets strict criteria: the person must have a substance use disorder, present an immediate danger, and be likely to benefit from treatment. The bill establishes a 72-hour emergency treatment option and a formal court process for 60- to 360-day treatment orders, including medical examinations and a hearing within 14 days. This law directly affects individuals meeting these specific danger criteria and their families, while ensuring procedural safeguards like court oversight and cost accountability.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill diverts substance abuse cases from criminal justice system to treatment, reducing recidivism through rehabilitation - core criminal justice reform principle.90% confidence ✓ HealthcareSupports HealthcareBill creates involuntary treatment process for substance use disorders, expanding access to mental health services for high-risk individuals through court-mandated intervention.95% confidence

Sub-Topics Courts Drug Policy Mental Health Substance Abuse

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in committee · West Virginia · House of Delegates Feb 12, 2026

HB 4413: Making syringe exchange service programs unlawful

HB 4413 bans syringe exchange programs in West Virginia by making them unlawful under new law, requiring all existing programs to cease operations by the effective date. It allows harm reduction services (like overdose prevention education, naloxone distribution, and referrals to treatment) to continue without needle exchanges during a 120-day transition period for patient care. Operators who continue syringe exchanges after the effective date face daily civil penalties of up to $2,500, and the state health office can seek court orders to enforce the ban. The bill specifically prohibits offering sterile needles without a prescription, while permitting other health services that don’t involve syringe exchanges.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBans syringe exchanges - harm reduction service tied to criminal justice reform - restricting a key public health strategy to reduce drug-related offenses.85% confidence ✗ HealthcareOpposes HealthcareBans syringe exchange programs, a key public health initiative for harm reduction, restricting access to a proven healthcare service that prevents disease transmission.95% confidence

Sub-Topics Courts Substance Abuse

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