WEST virginia legislature

2023 regular session

House Joint Resolution 23

By Delegates Horst, Kump, Mazzocchi, Linville, Phillips, C. Pritt, McGeehan, Hite, Coop-Gonzalez, Kimble, and Longanacre

February 3, 2023

Referred to the Committee on the Judiciary

Proposing an amendment to the Constitution of the State of West Virginia, amending §6, Article III, relating to the prohibition of unreasonable searches and seizures; adding all other property – whether real or personal tangible or digital, personally possessed or possessed by another; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2024, which proposed amendment is that §6, Article III thereof, be amended to read as follows:

ARTICLE III. BILL OF RIGHTS.

§6. Unreasonable searches and seizures prohibited.

The rights of the citizens to be secure in their houses, persons, papers and all other property – whether real or personal tangible or digital, personally possessed or possessed by another effects, against unreasonable searches and seizures, shall not be violated.  No warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment No. 1" and designated as the "Unreasonable Searches and Seizures Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to protect all other property, whether real or personal, tangible or digital, personally possessed or possessed by another, against unreasonable searches and seizure."

NOTE: The purpose of this resolution is to protect the personal, real, tangible, or digital property personally possessed or possessed by another from unreasonable search and seizure.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.