Criminal Justice (Public Safety)

HB 5428 requires employers of peace officers, firefighters, and 911 dispatchers to provide up to 12 sessions of licensed counseling (via telehealth if desired) for employees exposed to specific traumatic events in the line of duty, such as witnessing death, using deadly force, or responding to child-related incidents. Employers must cover up to 24 additional counseling sessions within one year if a mental health professional deems them necessary for recovery. The bill also prohibits requiring employees to use accrued leave for counseling appointments and ensures no loss of pay or benefits for up to 30 days if deemed unfit for duty during treatment, subject to specific conditions. It allows employees to select their own licensed mental health professional and clarifies that payment does not create a presumption of compensable claims.

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 4507 would exempt the salaries of certain first responders from West Virginia's state personal income tax. It directly affects law enforcement officers, paid firefighters, correctional officers, and emergency medical services (EMS) personnel as defined in existing state law. The bill adds a new provision to the tax code stating these workers' salaries are not subject to state income tax. This change applies only to their earned income from these specific roles, not other income they may receive.

SB 418, the "Creating Safer Communities Act," allows West Virginia counties to levy a new 1% sales or amusement tax starting July 2026, subject to voter approval via referendum. The tax revenue must fund public safety services (sheriff's departments, fire, and emergency response), school resource officers in unincorporated areas, and emergency services. Counties must notify state tax officials before implementation and cannot impose the tax on municipalities participating in the Municipal Home Rule Program. This bill provides counties with a new funding mechanism to address gaps in public safety and school security under current funding structures.