HB 5479 prohibits law enforcement officers from concealing their identity (e.g., by wearing masks or face coverings) during routine, warrantless stops where a person is not under arrest and there is no probable cause for a crime. This applies to non-custodial investigative stops, such as when officers briefly question individuals in public without evidence of wrongdoing. Exceptions include undercover operations, safety risks to officers, emergencies, or when authorized by law. The bill aims to increase transparency and prevent intimidation during such encounters, but does not apply to arrests or stops supported by probable cause.
HB 5408 would require West Virginia government entities (such as state agencies, counties, and municipalities) to obtain a court-issued warrant before sharing personal information for federal immigration enforcement. Before disclosing such data, agencies must verify with requesters - under penalty of perjury - whether the information is sought for immigration enforcement and, if so, demand a warrant from a federal or state court. The bill also mandates annual reports to the attorney general and legislature detailing the number of immigration-related requests received and how they were handled. This law directly affects local and state agencies that handle personal data, including law enforcement and social services departments.
SB 918 establishes new civil service promotion criteria for municipal law enforcement officers in West Virginia. It requires officers to complete 40 hours of leadership training before taking promotional exams, which account for 40% of their score. The bill also mandates a 40% score from a board evaluation (using 1-10 ratings on tactics/leadership questions) and 20% from seniority, with all criteria applied uniformly. This directly affects municipal police officers seeking promotions, as it standardizes the process through specific, measurable requirements set by the law. The bill applies to all municipal law enforcement agencies covered by civil service provisions.
HB 5468 would allocate $5,000 per deputy sheriff position in each West Virginia county from the state's general revenue fund, to be used exclusively for raising deputy sheriff salaries. Counties receiving these funds must spend them solely on pay increases for deputies, with no flexibility for other expenses like equipment or administrative costs. This bill directly affects all West Virginia counties that employ deputy sheriffs by creating a dedicated state funding stream specifically for their salary increases.
SB 882 establishes a "Blue Envelope Program" for drivers in West Virginia diagnosed with autism spectrum disorder. The bill requires the West Virginia State Police to distribute durable blue envelopes containing a clear statement of the driver's diagnosis, communication tips for officers, space for personalized needs, emergency contact information, and instructions for use during traffic stops or accidents. These envelopes will be available by mail and at state police offices, holding license and registration documents. The program explicitly states no diagnosis verification is required, and individuals providing good-faith information are granted immunity from liability.
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.
SB 922 requires hotels and public lodging establishments in West Virginia to provide annual human trafficking awareness training to employees who perform housekeeping or work at front desks. The bill mandates posting multilingual signs (in English, Spanish, and other prevalent local languages) by January 1, 2027, and establishing procedures for reporting suspected trafficking to the National Human Trafficking Hotline or local law enforcement. Training must cover definitions of sex and labor trafficking, how to identify victims in hotel settings, and employee reporting responsibilities. The bill explicitly states it does not create new legal claims for victims and allows the Bureau for Public Health to develop implementing rules.
HB 5450 would transfer responsibility for hearing appeals of certain law enforcement certification decisions from the Deputy Secretary of the Department of Military Affairs and Public Safety to the Office of Administrative Hearings. This applies to appeals concerning denials of entry into law enforcement certification programs, denials of continued training, denials of certification reactivation, and suspensions or decertifications of officers. The bill amends state law to clarify that the Office of Administrative Hearings will handle these appeals instead of the current office, centralizing the process. This is a procedural change affecting law enforcement applicants and officers challenging certification decisions.
HB 4812, the West Virginia Anti-Federal Commandeering Act, prohibits federal authorities from compelling state or local law enforcement agencies to conduct activities that violate constitutional rights. It defines "commandeering" as federal control of state resources without explicit state authorization and requires such authorization for any federal request. The bill empowers the West Virginia Attorney General to challenge federal actions deemed unconstitutional and to publish model policies for law enforcement. It directly affects all West Virginia law enforcement entities, including local police departments and state agencies, by preventing federal coercion of their personnel or resources. The law aims to protect constitutional rights while allowing cooperation on lawful federal-state law enforcement efforts.
HB 4049 replaces West Virginia's existing Contraband Forfeiture Act with a new Criminal Forfeiture Process Act specifically for property used in or derived from felony drug crimes (violations of the Controlled Substance Act). It establishes a criminal court process for forfeiture (replacing civil forfeiture), defines key terms like "contraband" (unlawful items such as drugs without prescription) and "innocent owner" (a person unaware of property use in crime), and prohibits offering seized property to federal agencies for federal forfeiture. The bill clarifies that courts handling the underlying criminal case have jurisdiction over forfeiture proceedings, and it explicitly states no property rights exist in contraband. This procedural bill directly affects law enforcement agencies, criminal defendants, and property owners involved in drug-related felony cases.
