Criminal Justice (Civil Liberties)

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.

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.