WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5540

By Delegate Young

[Introduced February 16, 2026; referred to the Committee on the Judiciary]

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.

Be it enacted by the Legislature of West Virginia:

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.