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WV SB35

WV SB35
Limiting liability of employers for persons whose criminal records are expunged


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 limit the liability of employers in cases where convictions of an employee for certain crimes are expunged. The bill requires creation of a data base record showing offenses were expunged. Courts are required to cross-reference data base for expungements. The bill provides that an employer is not liable to furnish health insurance or health care costs to persons whose records are expunged for drug addiction related or drug addiction related diseases.

AI Summary

This bill aims to shield employers from liability concerning employees whose criminal records for drug addiction-related offenses or diseases have been expunged, meaning they have been legally cleared and removed from public record. It mandates the creation of a database by the Secretary of the Department of Military Affairs and Public Safety to track these expunged drug addiction offenses, with courts required to cross-reference this database when dealing with civil or criminal actions involving employees participating in "return to work initiatives for recovering addicts" (programs designed to help individuals overcome addiction and re-enter the workforce). Crucially, employers will not be held responsible for any civil or criminal acts committed by such employees, nor will they be obligated to provide health insurance or cover health care costs for addiction or related diseases if an employee relapses into drug use during their employment, unless the employer voluntarily agrees to such coverage through a waiver.

Committee Categories

Justice

Sponsors (1)

Last Action

To Judiciary (on 01/14/2026)

bill text


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