Criminal Justice (Government Transparency)

HB 5621, the "Prosecutor FOIA Bill," would amend West Virginia law to explicitly exempt records held by prosecuting attorneys related to criminal investigations from public disclosure under the Freedom of Information Act. This change would prevent the public from accessing case files, investigative materials, and other documents maintained by county prosecutors' offices. The bill specifically targets the exemption for "records and materials relating to the detection and investigation of crime which are received and maintained by a prosecuting attorney," making this provision clearer and more specific. As a result, the public would have fewer avenues to obtain such records through FOIA requests.

SB 980 clarifies that the Office of the Prosecuting Attorney in West Virginia is exempt from the state's Freedom of Information Act (FOIA). The bill amends the law to explicitly state that this office is not a "custodian of records," meaning records related to crime investigations held by prosecuting attorneys are not subject to public disclosure. This change directly affects prosecuting attorneys' offices by confirming that their internal case materials remain confidential under current law. The bill does not create new exemptions but provides clear language to prevent misinterpretation of existing rules.