HB 2808
To ensure that West Virginia law enforcement entities are not compelled or commandeered by federal authorities to conduct activities that violate our citizens’ Constitutional rights
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the West Virginia Anti-Federal Commandeering Act, aims to protect West Virginia law enforcement from being compelled or controlled by the federal government in ways that violate the state’s constitutional rights. It prohibits federal commandeering of state or local law enforcement resources and activities, establishes limitations on police participation in federal law enforcement actions, and grants the Attorney General the authority to challenge unconstitutional federal actions. The bill also includes provisions for law enforcement immunity and model policies to guide agencies.
Key provisions
- Prohibits federal commandeering of state and local law enforcement agencies and personnel.
- Limits police participation in federal law enforcement activities, particularly those with a political motivation.
- Allows the Attorney General to challenge unconstitutional federal actions in court.
- Authorizes the Attorney General to publish model policies for law enforcement agencies regarding resistance to federal commandeering.
- Provides immunity to law enforcement officials who refuse to enforce unconstitutional federal actions.
- Defines key terms such as ‘commandeering’ and ‘federal commandeering’.
- Establishes a framework for joint law enforcement task forces, requiring a non-political purpose.
- Requires the Attorney General to publish guidance for law enforcement agencies on resisting federal commandeering.
Who is affected
- West Virginia law enforcement agencies
- Federal government agencies
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