HB5138

Relating to law enforcement warrant for third party information

Introduced·2/3/26
Intr Text

West Virginia HB5138 mandates a warrant for law enforcement to access third-party information from electronic communication services.

West Virginia HB5138 amends the state code to require law enforcement agencies to obtain a warrant before accessing third-party information from electronic communication services, except in specific circumstances. These exceptions include obtaining the information with the subscriber's consent, in accordance with judicially recognized exceptions to warrant requirements, if the subscriber voluntarily discloses the information publicly, or if the provider inadvertently discovers the information in an emergency situation involving imminent risk of death, serious physical injury, sexual abuse.

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Where it stands

Current
Judiciary Committee
Next
Committee decision

Sponsors

D
1
0
Democratic CaucusRepublican Caucus

History

Feb 3

House

Filed for introduction

Feb 3

House

To Judiciary

Feb 3

House

Introduced in House