Relating to confidentiality of court files and law-enforcement records

HB 4468 Text

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Key:
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= existing Code.
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WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 4468
By Delegates Coop-Gonzalez, Akers, Parsons, and McGeehan
[Originating in the Committee on the Judiciary; Reported on February 4, 2026]

A BILL to amend and reenact §61-8B-19 of the Code of West Virginia, 1931, as amended, relating to confidentiality of court files and law-enforcement records; requiring the name and address of victims in criminal complaints of listed crimes is confidential; requiring redactions for disclosed criminal complaints; providing for waiver of confidentiality; providing exceptions for disclosures to certain governmental entities subject to the same confidentiality provisions; repealing provisions relating to court orders and subpoenas; and amending certain internal effective dates.
Be it enacted by the Legislature of West Virginia:

ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-19. Court files and law-enforcement records; confidentiality.

(a)
Records confidential
.—
All records and information maintained by the courts of this state or any law enforcement agency of this state or any of its political subdivisions, which contain identifying information

The name and address
of a victim in
an arrest, investigation, or

a criminal
complaint
maintained by the courts of this state or any law-enforcement agency of this state or any of its political subdivisions
for the offenses enumerated in §61-8A-1
et seq.
, §61-8B-1
et seq.
, §61-8C-1
et seq.
, or §61-14-1
et seq.
of this code, or for the offenses included in §61-8D-3a, §61-8D-5, and §61-8DB-6 of this code,
shall be kept

is
confidential
and withheld from inspection, except: (1) When required by law; (2) when necessary for law-enforcement purposes or preparation for court proceedings; or (3) pursuant to an order of a court issued in accordance with subsection (c) of this section
.
If records of a complaint for the aforementioned offenses are furnished by a clerk of court or any law-enforcement agency of this state or any of its political subdivisions to any person, the clerk of court or law-enforcement agency shall ensure that such written complaint is redacted of the name and address of the victim as set forth in this subsection. Confidentiality may be waived in writing by the alleged victim. Such information may be disclosed to another governmental entity in the furtherance of its official duties and responsibilities:
Provided
, That the receiving governmental entity shall be subject to the same confidentiality provisions of this section.
(b)
Orders permitting examination or copying of file contents
.— Upon written motion filed in the circuit court of the county where the criminal action is pending or has been prosecuted, a circuit court, for good cause shown, may enter an order allowing a person who is precluded access to a court file or law-enforcement record pursuant to subsection (a) of this section the authority to examine and copy documents in a file. The order shall set forth specific findings which demonstrate why the interests of justice necessitate the examination, specify the particular documents to be examined or copied, or both examined and copied and the circumstances under which such action or actions shall take place.
(c)
Obtaining confidential records
.— Absent a waiver of confidentiality by the subject of the confidential records, the records are only subject to subpoena pursuant to subsection (d) of this section.
(d)
Subpoena Duces Tecum
.— Any court file or law-enforcement record in the offenses included in subsection (a) of this section may be supplied to any person presenting a valid subpoena duces tecum issued by a state or federal court in any criminal action. Any file or record obtained under this subsection shall be used only in the context of the case in which the subpoena was issued and not for any other purpose.
(e)
(b)

Victim request
.— Upon a written request of a victim, decisions of the West Virginia Intermediate Court of Appeals and the West Virginia Supreme Court of Appeals issued on or after July 1,
2022

2026
, involving the offenses enumerated in subsection (a) of this section shall not contain the first and last names
or address
of the victim.
(f)
(c)

Supreme Court authorization
.— The Supreme Court of Appeals is requested to promulgate rules prior to July 1,
2022

2026
, to the extent necessary to comply with the provisions of this article that become effective on that date.

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