Plain English Breakdown
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HB4409 • 2026
Two party consent for legislative offices
Two party consent for legislative offices
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-01-16
H
To House Judiciary
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2026-01-16
H
Introduced in House
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2026-01-16
H
To Judiciary
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2026-01-16
H
Filed for introduction
Official Summary Text
Two party consent for legislative offices
Current Bill Text
Read the full stored bill text
HB 4409 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 4409 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 4409 By Delegates Heckert, Hillenbrand, and Amos [Introduced January 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 §62-1D-3a, relating to the enforcement of two-party consent for legislative offices; and creating an expectation of privacy in legislative offices. Be it enacted by the Legislature of West Virginia: ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. §62-1D-3a. Expectation of Privacy in Legislative Offices. (a) Members of the West Virginia Legislature shall have a reasonable expectation of privacy within their private offices located within the State Capitol or any other official legislative office space. (b) Except as provided in subsection (c), it shall be unlawful for any person, including but not limited to staff, visitors, journalists, or third parties, to: (1) Video record, audio record, or otherwise intercept any wire, oral, or electronic communication within a legislator’s private office without the prior consent of the member of the West Virginia Legislature; (2) Secretly install, place, or operate any recording, video, or electronic surveillance device within such offices without the express written consent of the legislator occupying the office; or (3) Disclose or disseminate any unlawfully obtained recordings, whether audio, video, or electronic, made within a legislative office, regardless of intent. (c) The prohibitions in subsection (b) shall not apply to: (1) Legislative security measures taken by Capitol security, law enforcement, or authorized personnel as part of official security or safety procedures; (2) Recordings made with the express written consent of the legislator occupying the office; (3) Lawfully authorized wiretaps or surveillance conducted pursuant to a valid court order or search warrant issued under applicable law. (d) Any person who knowingly and willfully violates this section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned. NOTE: The purpose of this bill is to provide for the enforcement of two-party consent for legislative offices. The bill also provides an expectation of privacy in legislative offices. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: