West Virginia HB5540: Relating to due process and rights

What the bill says

To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-11-28, relating to codifying due process rights upon arrest. ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIME. §61-11-28. Due process. Any person arrested for an alleged civil or criminal violation in this state must be afforded due process and must be advised of the individual's right to remain silent, be advised of the individual's right to have an attorney present during questioning, and be provided the warning that anything that the individual says may be used against the individual in court.

From the introduced text, February 16, 2026:

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-11-28, relating to codifying due process rights upon arrest. ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIME. §61-11-28. Due process. Any person arrested for an alleged civil or criminal violation in this state must be afforded due process and must be advised of the individual's right to remain silent, be advised of the individual's right to have an attorney present during questioning, and be provided the warning that anything that the individual says may be used against the individual in court. NOTE: The purpose of this bill is to codify due process rights upon arrest. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

Read the full official text

Sponsors

• Young, Kayla (D, 056) · primary sponsor

Latest actions

1. February 16, 2026: To House Judiciary
2. February 16, 2026: Introduced in House
3. February 16, 2026: To Judiciary