HB 4097 West Virginia House of Delegates · 2026 Regular Session

To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act

HB 4097, the "Protection of Shared Physical and Digital Property from Warrantless Searches Act," requires government agents to obtain a warrant based on probable cause or a person’s consent before accessing information shared with third parties (like banks or cloud services) when obtaining goods or services. It directly affects West Virginia residents whose personal data is held by third parties for commercial purposes, such as financial records or online accounts. The bill defines "digital property" and "physical property" to include information shared for services, and prohibits warrantless searches of this shared information, overturning the "Third Party Doctrine" that previously allowed government access without warrants. This law would take effect upon passage, creating a new legal standard for government access to shared personal data.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2026 Last action Jan 14, 2026
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Full legislative history

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Total actions
4
Key actions
0
Committee
2
Jan 14, 2026
Committee
To House Judiciary
lower
Jan 14, 2026
Introduced
Introduced in House
lower
Jan 14, 2026
Committee
To Judiciary
lower
1 primary · 7 co-sponsors

Sponsors