2026 Regular Session
HB 5540
Relating to due process and rights
In Committee
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to formally establish and codify certain due process rights for individuals who are arrested in West Virginia. Specifically, it ensures that arrested individuals are informed of their rights to remain silent, to have an attorney present during questioning, and that their statements can be used against them in court. The bill reinforces existing legal protections related to arrest procedures.
Key provisions
- Requires law enforcement to inform arrested individuals of their right to remain silent.
- Requires law enforcement to inform arrested individuals of their right to an attorney.
- States that statements made by arrested individuals can be used against them in court.
- Codifies due process rights related to arrest procedures.
- Applies to both civil and criminal violations.
Who is affected
- Individuals arrested in West Virginia
- Law enforcement officers in West Virginia
- The judicial system in West Virginia
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