This bill clarifies and expands cooperation between law enforcement agencies within West Virginia and with agencies in neighboring states. It defines key terms such as "criminal justice enforcement personnel" and "law-enforcement agency" to establish who can participate in joint efforts. The legislation allows agency heads to request temporary assistance for investigations, including sharing personnel, equipment, and technical resources, with written requests required except in emergencies involving immediate danger to life. Personnel assigned to other agencies retain their original benefits and jurisdiction while operating under the operational command of the host agency's leadership. Agreements must be filed with local circuit clerks to remain in effect.
This bill updates West Virginia laws to recognize military protective orders as valid evidence of domestic violence when seeking emergency protective orders from family courts. It defines a military protective order as one issued by a commanding officer in the U.S. Armed Forces, West Virginia National Guard, or another state's National Guard against someone under their command. The legislation requires law enforcement to notify relevant agencies of potential violations of these military orders and allows them to be used in petitions for temporary personal safety orders. These changes aim to improve how courts handle cases involving service members and their families by streamlining the process for obtaining protection orders.
This bill grants municipal fire marshals in West Virginia the authority to assist law enforcement officers in carrying out their official duties. It allows fire marshals to arrest individuals who disobey lawful orders at fire scenes, violate arson or explosive offense prohibitions, obstruct a fire marshal, or fail to obey lawful commands, provided they receive required law enforcement training. The legislation also permits fire marshals to file criminal complaints to obtain arrest warrants and clarifies that assistance to federal law enforcement is subject to specific limitations. Additionally, fire marshals may help other law enforcement officers execute their duties when requested, but must work under the direct supervision of the requesting officer.
HB 5336 updates West Virginia's domestic violence law to explicitly include "coercive control" as a defined form of abuse. The bill defines coercive control as a pattern of behavior meant to dominate and isolate a partner, such as controlling finances, monitoring communications, threatening harm, or restricting contact with friends and family. This change ensures non-physical tactics like emotional manipulation and isolation are legally recognized under domestic violence statutes. The bill directly affects victims of such abuse and legal proceedings by expanding the scope of what qualifies as domestic violence in court and law enforcement responses.
HB 5436 amends West Virginia law to classify police canines as "law enforcement officers" when actively working with human officers, directly affecting police departments and canine units. The bill specifies that officers defending a canine during duty may use the same level of force as they would to protect a human officer. It clarifies that canines are not state employees and do not receive personnel protections, but their protection during service is treated as equivalent to protecting a human officer. This is a definitional change, not a new penalty, with no specific sentencing details provided in the text.
HB 5138 requires law enforcement agencies to obtain a warrant before accessing most personal information held by internet and phone companies, such as names, addresses, payment details, and call records. It directly affects law enforcement agencies and telecommunications providers by mandating judicial oversight for these data requests during criminal investigations. The bill allows warrantless access only in specific emergencies (e.g., imminent risk of death, kidnapping, or human trafficking), with subscriber consent, or if the data is publicly accessible. This replaces current practices where such third-party records could often be obtained without a warrant.
HB 5361 would prevent state and local law enforcement officers in West Virginia from conducting immigration-related arrests, detentions, or surveillance in sensitive locations like schools, places of worship, hospitals, courthouses, and facilities serving vulnerable populations (e.g., victims of abuse or individuals with disabilities). The bill defines these "sensitive locations" and prohibits immigration enforcement actions there, except when a court orders entry or an imminent public safety threat requires intervention. This directly affects how state/local officers interact with immigration enforcement in these settings. The law does not restrict federal immigration enforcement actions but limits state/local cooperation in protected locations.
SB 1047 creates a non-criminal system to address homelessness, addiction, and mental health challenges by requiring law enforcement to issue verbal warnings, then written warnings, and finally refer individuals to community behavioral health centers after three encounters - replacing arrests or citations. The bill sets standards for recovery housing to be substance-free, trauma-informed, and long-term, with specific provisions for family recovery housing supporting pregnant women and mothers with children. It prohibits criminalizing homelessness or addiction, integrates community behavioral health centers with recovery housing services, and mandates an annual report from a state advisory team, all using existing state resources without new funding. The law takes effect on July 1, 2026.
HB 5067 clarifies the Division of Administrative Services' role in managing federal grants for law enforcement. It allows the Director to directly partner with law enforcement agencies (like the State Police) to apply for and administer federal grants restricted to such agencies. The bill also removes a previous requirement for the Deputy Secretary to hear certain appeals, instead directing the Office of Administrative Hearings to handle appeals from the Governor’s Committee on Crime subcommittees. This affects how state agencies coordinate federal grant funding and process appeals related to law enforcement certification decisions. The changes streamline grant administration but do not create new law enforcement powers.
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.