Bill > HB2445

This bill proposes to modify existing law regarding law enforcement officers' conduct during search warrants, specifically no-knock warrants, by establishing new standards for accountability and removing qualified immunity in certain circumstances. The bill introduces provisions that prohibit law enforcement officers from depriving individuals of equal legal protections during search warrant executions, including actions that are plainly incompetent, knowingly violating the law, using excessive force, or engaging in reckless or negligent behavior that results in injury, death, or psychological trauma. If a lawsuit or investigation is initiated based on such actions, the court will review the officer's conduct and can determine that the officer is not eligible for qualified immunity (a legal doctrine that historically protected officers from personal liability for actions taken in the line of duty). Additionally, the bill mandates that courts review the training and standard operating procedures of the law enforcement agency, and if the agency is found to have inadequately prepared the officer or been negligent in training, the agency can also be made liable and added as a defendant in any legal proceedings arising from the officer's actions.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2445&year=2025&sessiontype=RS&btype=bill