HB 4628, the PEEPS Act, requires West Virginia law enforcement agencies to obtain a warrant before accessing historical location data (such as license plate records, cell tower logs, or traffic camera footage) about people or vehicles. Exceptions include when a vehicle owner reports a theft, for traffic enforcement, toll collection, or in immediate emergencies where a warrant cannot be secured. The bill mandates that agencies encrypt this data, prohibit sharing or selling it to private companies, and maintain detailed records of all access requests with supervisor approval. This law directly affects police departments and government entities that collect location information, aiming to limit unwarranted surveillance while allowing specific public safety uses.
HB 4095 would remove qualified immunity for West Virginia police officers who use excessive force or act negligently during no-knock warrant operations. If a court finds an officer violated equal protection laws through reckless, illegal, or excessive force causing injury or trauma, they could be held personally liable. The bill also requires courts to review both the officer's actions and their agency's training procedures; if inadequate training is identified, the police department could face liability. This directly affects officers executing no-knock warrants, their agencies, and residents subjected to such operations.
HB 4576 expands West Virginia's State Police Child Abuse and Neglect Investigations Unit from a minimum of six to 19 members, adding 18 regional investigators to directly support county Child Protective Services (CPS) offices. It allows honorably retired State Police officers to rejoin the unit under specific conditions: they must complete a recertification course (covering firearms, law, and procedures), serve as non-supervisory troopers without pension benefits or promotion eligibility, and follow the same duties as active officers. The bill also requires the unit to maintain statewide statistical data on child abuse cases (without identifying individuals) and submit annual reports to the legislature. This directly affects State Police investigators, CPS offices, and retired officers seeking reemployment.
SB 530 expands West Virginia's Child Abuse and Neglect Investigations Unit within the State Police by requiring at least one retired State Police officer from each of the 21 police districts to join the unit, increasing its size to 21 members. The bill mandates that the unit maintain an office in every State Police district (located within local Human Services offices), coordinate closely with Child Protective Services, and track statewide data on child abuse/neglect cases without identifying individual cases. It also establishes rules for rehiring retired officers (requiring specific training but no pension accrual) and requires an annual report to the legislature on unit activities and case data. The unit will focus on investigating and prosecuting child abuse cases while supporting local law enforcement and social services.
HB 4123 provides annual pay increases for West Virginia Capitol Police officers and support staff to address retention challenges. It mandates a $5,000 annual pay raise for all Capitol Police officers starting July 1, 2026, with additional $5,000 increases each subsequent July 1 through 2029. Support staff receive only the initial $5,000 increase in 2026. Funding for these raises will come from the Capitol Police’s existing general revenue budget, as specified in the bill. The legislation directly affects all employees working at Capitol Complex properties under the Division of Protective Services.
HB 4135 amends West Virginia's Sex Offender Registration Act to require registrants (individuals convicted of specified sex offenses) to provide all online identifiers, including social media usernames, email addresses, mobile app accounts, and phone numbers, upon registration. It also mandates that registrants permit police to inspect their mobile devices to verify these identifiers are fully disclosed. The bill directly affects anyone required to register under the Sex Offender Registry Act, adding specific digital footprint requirements beyond existing physical address and vehicle information. These provisions aim to enhance law enforcement's ability to track registrants' online activities by expanding the scope of required digital information.
West Virginia Senate Bill 4 creates a new law requiring people to stay at least 30 feet away from first responders (including police, firefighters, probation officers, and emergency medical personnel) while they are lawfully performing duties. It makes it a misdemeanor to knowingly approach within 30 feet after being verbally warned, if the action impedes their work, threatens them, or harasses them (defined as causing substantial emotional distress without legitimate purpose). Violators face fines of $50-$500, up to one year in jail, or both. The bill directly affects individuals near emergency scenes and aims to protect responders from interference. It amends West Virginia Code §61-5-30.
HB 4799 establishes a statewide cold case task force within the West Virginia State Police to investigate unsolved criminal cases. The task force, led by an executive board of the State Police Superintendent, police chiefs, and sheriffs' association presidents, will coordinate with other law enforcement agencies while respecting ongoing investigations. It creates a dedicated "cold case task force fund" for operations and requires the West Virginia Fusion Center to share relevant data from existing cold case databases. The bill focuses on structural mechanisms for investigation rather than new policy changes, directly affecting state and local law enforcement agencies collaborating on cold cases.
HB 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.
