SB 888, the Judicial Deference Reform Act, prohibits West Virginia state courts and administrative hearing officers from deferring to state agency interpretations of statutes, regulations, or informal guidance documents (like agency memos). Instead, courts must independently review these materials using standard legal analysis ("de novo") and resolve any remaining ambiguities by limiting agency power and prioritizing individual liberty. The law applies to all state court cases and administrative proceedings starting July 1, 2026, but does not affect federal law or cases involving federal agencies. It directly affects how state courts interpret and apply West Virginia laws and agency guidance.
HB 5589 (West Virginia) prohibits state law enforcement agencies from entering new or continuing existing 287(g) agreements with federal immigration authorities (like ICE). It requires judicial warrants for ICE to enter nonpublic areas of government facilities or conduct enforcement in sensitive locations (schools, hospitals, places of worship). The bill bans detaining individuals solely based on ICE detainers and prohibits transferring people to ICE without a warrant. It directly affects all West Virginia law enforcement agencies and state facilities by restricting cooperation with federal immigration enforcement absent court authorization. The bill repeals previous state laws governing immigration cooperation and establishes new requirements for warrant-based enforcement.
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 1037 would allow the death penalty for first-degree murder committed during a sexual abuse conviction (in the first degree) when the victim is under 12 years old and the defendant is over 18. The bill requires prosecutors to notify the court and defendant within 45 days of arraignment if seeking the death penalty, including the specific reasons they will argue for it. It also establishes procedures for jury selection, sentencing, and automatic review of death penalty cases by the West Virginia Supreme Court of Appeals. The bill repeals West Virginia’s existing ban on the death penalty to permit this specific application.
HB 5493 would require West Virginia courts to offer convicted sex offenders (specifically those found guilty of crimes against minors under §61-8-12 or related statutes) a choice between hormone treatment (medroxyprogesterone acetate or MPA) or surgical castration as an additional penalty, alongside standard sentencing. Courts must first confirm a defendant's medical suitability for MPA treatment through a court-appointed expert, and the treatment duration is specified in the sentence. Refusing MPA treatment after sentencing could result in a 1-5 year prison term. The bill also mandates a prerelease risk assessment for these offenders before their release from prison.
HB 5548, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," prohibits distributing deepfake videos or images that falsely depict a person engaging in non-consensual sexual conduct without their permission. It targets individuals who intentionally share such content to coerce, harass, or damage reputations, with penalties including fines up to $10,000 or up to five years in prison for repeat offenses. The law explicitly excludes constitutionally protected speech like political satire, commentary, or media with clear disclosures that it is manipulated. It also allows affected individuals or officials to seek court orders to stop violations.
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 915 clarifies that juveniles, including those transferred to adult court, cannot be detained in facilities where they might have contact with or be near adult inmates (convicted or awaiting trial) or with adult facility staff. The bill removes ambiguous language from existing law and gives the Corrections Commissioner discretion to oversee staff procedures in jails or lockups where juveniles are placed near adults. It also requires the Division of Juvenile Services to notify courts when a juvenile turns 18, triggering a hearing to transfer them to an adult facility or other appropriate setting before their 18th birthday. This change aims to prevent confusion in juvenile placement decisions and ensure consistent handling within West Virginia's correctional system.
HB 5261 updates West Virginia's laws on seizing property involved in criminal activity. It specifies that when someone is convicted of a crime involving contraband (such as drugs, tax-evading tobacco, or equipment used to manufacture illegal substances), the court can order forfeiture of the crime's proceeds, property traceable to those proceeds, and items used to commit the crime (like vehicles, containers, or records). The bill includes new protections for innocent property owners, such as allowing vehicle owners to keep their property if they didn’t know it was used for illegal activity. It also establishes clear rules for handling seized property, including requirements for returning property to owners and restrictions on selling forfeited items.
HB 5104 requires parolees or probationers identified through a standardized risk assessment as having a history of substance abuse to participate in approved support services for a minimum of 60 days. This applies specifically to individuals under supervision whose assessment (mandated under §62-12-6) confirms substance abuse history. The bill adds this as a mandatory condition of release under §62-12-17(a)(4), with participation schedules approved by probation or parole officers. It directly affects individuals on parole or probation in West Virginia whose substance abuse history is documented via the court-mandated assessment process.
