Del. Chuck Horst

Maddy summaryHB 4878 strengthens West Virginia's castle doctrine by allowing lawful occupants to use reasonable force, including deadly force, to defend their home, residence, or immediate property (curtilage) without a duty to retreat. It creates a full legal defense against both civil lawsuits and criminal charges for those using force to prevent unlawful entry, felony entry, or threats of serious harm. The bill also requires courts to cover legal costs, fees, and expenses for people successfully defending against such claims. This applies to residents protecting themselves, others, or property, but excludes law enforcement actions and situations where the person provoked the conflict.

Maddy summaryThis bill adjusts state funding for West Virginia school districts when counties cannot collect full property taxes due to court orders, valuation errors, or pending legal cases. It requires the state to increase aid by the amount of lost property tax revenue (e.g., from tax refunds, incorrect valuations, or court delays), but only if the legislature funds the state share adequately. The adjustment also applies to counties receiving payments in lieu of property taxes. This ensures school funding remains stable despite fluctuations in local tax collections.

Maddy summaryHB 4843 prohibits businesses in West Virginia from using scanner technology to collect personal details like driver's license numbers, Social Security numbers, or medical history during consumer transactions - except for verifying age. The bill defines "scanner technology" as devices that capture license barcodes/magnetic strips, print age results, store transaction records, and transfer data, banning their use for collecting non-age PII. It directly affects retailers, bars, or any business using such scanners for age verification or data collection. Violations are classified as unfair or deceptive business practices under West Virginia law, creating enforceable penalties. The bill focuses solely on restricting specific scanner technology, not general data privacy rules.

Maddy summaryHB 4762 amends West Virginia's veterinary licensing laws to create reciprocity for veterinarians and veterinary technicians licensed in other states. It allows professionals with active, unrevoked licenses from states with "substantially equivalent" requirements to practice in West Virginia without re-taking exams, provided they submit documentation of good standing. The bill also establishes new pathways for graduates of foreign veterinary schools and creates special permits for participants in international credentialing programs. These changes directly affect licensed veterinarians and veterinary technicians seeking to practice across state lines, simplifying the process to meet existing licensing standards.

Maddy summaryHB 4718, the Secure Roads and Safe Trucking Act, requires nonresident commercial truck drivers operating in West Virginia to present a valid work visa and proof of citizenship (such as a birth certificate or passport) while driving. It also mandates that drivers demonstrate sufficient English proficiency to communicate with the public, understand traffic signs, respond to officials, and complete required records. Commercial motor carriers face $3,000 fines per violation if their drivers fail to meet these requirements, while drivers operating without compliance risk a misdemeanor charge with fines up to $1,000 or 90 days in jail. The bill additionally allows the state to adopt the FMCSA's Even Exchange Program, waiving skills tests for military drivers with relevant experience and certain first responders.

Maddy summaryHB 4671 requires West Virginia law enforcement to immediately transfer individuals determined to be in the country without legal immigration status to U.S. Immigration and Customs Enforcement (ICE) for deportation. For a second offense (if the same person is again found without legal status), the bill classifies it as a felony, mandating 3 to 5 years in state prison before deportation. The bill also prohibits state and local law enforcement from interfering with this process or overriding federal immigration policy. It directly affects individuals without legal immigration status who are apprehended by law enforcement in the state.

Maddy summaryHB 4711 requires West Virginia municipalities to permit accessory dwelling units (ADUs) - like backyard cottages or converted garages - on single-family residential lots "by right," meaning without special permits, hearings, or variances. It prohibits municipalities from imposing restrictions such as extra parking requirements, design matching rules, occupancy mandates, impact fees, or stricter building standards for ADUs than for primary homes. The bill directly affects homeowners seeking to create ADUs and municipalities, which must revise zoning rules by January 1, 2027, to comply. It allows municipalities to charge a $250 one-time application fee but does not override building or safety codes. The law aims to increase housing options by simplifying ADU creation.

Maddy summaryHB 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.

Maddy summaryHB 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.

Maddy summaryHB 4676 eliminates West Virginia's application of the "open fields doctrine," a legal rule allowing police to search areas like fields or wooded land surrounding a home without a warrant. The bill directly affects property owners whose land extends beyond their immediate dwelling (including fenced areas and woods), requiring police to obtain a warrant for searches there, except for established constitutional exceptions. It defines "open fields" as private property a reasonable person would view as private, not generally open to the public. The bill abolishes the previous common law rule and aligns state law with Fourth Amendment protections. This change applies to searches under both federal and West Virginia constitutional safeguards.