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Bill > HB4095


WV HB4095

WV HB4095
To remove qualified immunity from officers serving no-knock warrants


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to remove qualified immunity for officers serving no-knock warrants if they are found to have used excessive force or are found to have been negligent and to cause an investigation of the training the officer received.

AI Summary

This bill proposes to amend West Virginia law to remove qualified immunity for law enforcement officers serving "no-knock warrants," which are warrants allowing officers to enter a property without announcing their presence or purpose beforehand. Specifically, if an officer is found to have used excessive force, acted incompetently, knowingly violated the law, or engaged in reckless or negligent behavior that results in injury, death, or psychological trauma during the execution of a no-knock warrant, they would not be protected by qualified immunity, meaning they could be held personally liable for financial or criminal consequences. Furthermore, the bill mandates a review of the officer's training and the law enforcement agency's procedures, and if the agency is found to have inadequately prepared the officer, the agency itself could be held liable and made a party to any lawsuit.

Committee Categories

Justice

Sponsors (2)

Last Action

To House Judiciary (on 01/14/2026)

bill text


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