Relating to due process and rights

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.