Del. Margitta Mazzocchi

Maddy summaryHB 2682 amends West Virginia's workers' compensation law (§23-4-2) but does not address occupational pneumoconiosis as its title suggests. The bill establishes specific rules for intoxication-related claims: employees are deemed intoxicated if blood alcohol exceeds 0.05% within two hours of an accident, or if nonprescribed drugs are detected. This affects workers filing injury claims, as intoxication can bar compensation or establish it as the cause of injury. The bill also clarifies that employers lose immunity from lawsuits only if proven to have acted with "deliberate intention" to cause injury, requiring specific proof of intent or prior knowledge of dangerous conditions.

Maddy summaryThis bill requires independent candidates for West Virginia state offices to file their candidacy documents between the second Monday and last Saturday in January of the election year. It applies to all independent candidates running for positions like state legislature, judicial offices, or county-level seats. The filing must be submitted to the Secretary of State (for multi-county offices) or county clerk (for local offices) by the deadline, aligning with existing timelines for partisan candidates. This clarifies that independents must follow the same January filing window as other candidates, rather than later deadlines.

Maddy summaryHB 2606 would increase payments to therapists and other non-state-employed professionals contracted to provide early intervention services through West Virginia's Birth-to-Three program by 25 percent. This applies to providers delivering services for children with developmental delays, effective July 1, 2025. The bill amends existing law to require this payment adjustment for all contracted services under the program. The change directly affects contracted service providers in the Birth-to-Three program, improving their compensation for delivering early intervention care.

Maddy summaryHB 2350 directs West Virginia's Department of Human Services to seek a federal waiver from the U.S. Department of Agriculture to exclude candy and soft drinks from SNAP-eligible food items. If approved, the waiver would prohibit SNAP recipients in West Virginia from using benefits to purchase these items. The state must annually request the waiver until approval is granted, even if initially denied. This bill aims to improve nutrition by restricting SNAP benefits for less nutritious foods under federal program rules.

Maddy summaryHB 2386 requires law enforcement to obtain a warrant before entering private lands for searches or seizures, directly affecting landowners and law enforcement officers. The bill prohibits warrantless entry onto posted private property, bans surveillance cameras on private land, and clarifies that using drones to gather information from private land constitutes a search requiring a warrant. It abolishes the common law "open fields" doctrine, which previously allowed warrantless searches in unoccupied areas, and sets specific procedures for lawful entry. These changes aim to strengthen privacy protections for private property owners across West Virginia.

Maddy summaryHB 2536 requires full cash bail for individuals rearrested for violent or gun-related crimes while on bail for a prior similar offense. It applies specifically to people already out on bond for violent or gun-related crimes who commit another offense in that category. The bill mandates cash-only bail (no bail bondsmen allowed) and requires consecutive sentencing if the person is convicted of the new crime. This changes bail procedures and sentencing for repeat offenders in specific violent or gun crime cases.

Maddy summaryHB 2535 would require West Virginia inmates in state prisons to face additional prison time if found with illegal drugs or testing positive for drug use while incarcerated. For a first offense, inmates would have six months added to their current sentence; for a second or subsequent offense, one year would be added per incident, served consecutively. The bill mandates drug testing to begin after three months of incarceration for all inmates, with additional testing allowed if staff suspects drug use. This directly affects individuals serving sentences in West Virginia correctional facilities who test positive or possess drugs during their imprisonment.

Maddy summaryHB 2489 requires West Virginia election officials to make all public election data - including cast vote records (CVRs), audit logs, and election management system files - publicly available under the state's Freedom of Information Act (FOIA). This applies to all registered voters who can request the data without needing to reference FOIA specifically. The bill mandates random physical and code inspections of electronic voting systems, restricts certain voting software, and establishes new requirements for maintaining election records. It directly affects voters seeking transparency and election officials managing election data. The bill is currently pending in the House Judiciary Committee after being introduced on February 17, 2025.

Maddy summaryHB 2446 declares that federal laws restricting firearm ownership, accessories, or ammunition within West Virginia are unenforceable and legally void. It directly affects West Virginians by asserting state authority over firearm regulations, overriding federal restrictions on gun possession, sale, or use within the state. Key provisions require state courts and law enforcement to protect this right, establish legal claims against those violating it, and award damages for infringements. The bill also prohibits state employment for individuals enforcing federal restrictions on firearms within West Virginia. This legislation seeks to prevent federal gun regulations from applying in the state, though it has not yet become law.

Maddy summaryHB 2445 removes qualified immunity for West Virginia law enforcement officers who use excessive force or act negligently during no-knock warrant executions. The bill requires courts to review officer actions if they cause injury, death, or psychological harm through reckless, negligent, or knowingly illegal conduct - such as using excessive force or failing to follow proper procedures. Courts must also examine whether the officer's agency provided adequate training for such situations, potentially making the agency liable for the officer's actions. This change means officers and their departments could face personal financial or legal consequences in lawsuits when misconduct occurs during no-knock warrants.