HB 4409
Two party consent for legislative offices
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a reasonable expectation of privacy for West Virginia legislators within their private offices, including those located in the State Capitol. It prohibits recording or surveillance of communications and devices in these offices without the legislator’s prior consent. The bill outlines specific exceptions for security measures, consented recordings, and legally authorized wiretaps or surveillance. Violations of this law are considered felonies.
Key provisions
- Requires two-party consent for recording communications within a legislator’s private office.
- Prohibits the installation or operation of recording devices without explicit written consent.
- Prevents the disclosure or dissemination of unlawfully obtained recordings.
- Defines ‘private office’ as spaces within the State Capitol or other official legislative office space.
- Exempts legislative security measures and legally authorized surveillance from the consent requirement.
- Establishes a felony penalty for violations of the law.
Who is affected
- West Virginia Legislators
- Legislative Staff
- Visitors to legislative offices
- Journalists
- Third parties accessing legislative offices
Notable changes
- Creates a specific legal expectation of privacy for legislators in their offices.
- Adds a new section to the West Virginia Code regarding wiretapping and electronic surveillance in legislative spaces.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
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