Bill > HB4722

This bill establishes the crime of "false judicial accusation after determination of falsity," which occurs when someone knowingly makes or repeats an untrue claim of wrongdoing within a legal proceeding after being informed that the claim has been proven false, and with the intent to cause harm or influence the outcome of the proceeding. A "false judicial accusation" is defined as an untrue claim of wrongdoing made in a legal context, and "harm" refers to severe injury to reputation, liberty, emotional well-being, and financial stability, as well as disruption to the justice system. This offense is a misdemeanor for a first offense and a felony for subsequent offenses, with enhanced felony penalties if the false accusation leads to arrest, loss of custody, a protective order, or job loss. Convicted individuals will be required to pay restitution, issue corrective notices, and receive assistance with expunging records related to the false accusation. The bill also allows individuals harmed by such actions to sue for damages, including attorney fees and triple damages for repeated or aggravated violations. Special provisions are included for false allegations made to child protective services, and a confidential registry of convicted individuals will be maintained for judicial and prosecutorial use. The bill includes protections for good-faith reports, timely recantations before a determination of falsity, and statements made without intent to cause harm, and clarifies that it does not discourage good-faith reporting or criminalize protected speech.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4722&year=2026&sessiontype=RS&btype=bill