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HB4676 • 2026
End open fields doctrine
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
End open fields doctrine
To House Judiciary
Introduced in House
To Judiciary
Filed for introduction
End open fields doctrine
HB 4676 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 4676 History | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session Introduced House Bill 4676 By Delegates Anders, Foggin, White, Coop-Gonzalez, Kimble, Kump, Horst, and Dillon [Introduced January 21, 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 §62-1A-12, relating to eliminating the open fields doctrine in this state. Be it enacted by the Legislature of West Virginia: ARTICLE 1A. SEARCH AND SEIZURE. §62-1A-12. Open fields. (a) Notwithstanding any provision of this code to the contrary, the open fields of any person in this state, where indicia would lead a reasonable person to conclude that the area is private or not generally open to the public are protected by the Fourth Amendment to the Constitution of the United States or Article III, Section 6 of the West Virginia Constitution and may not be searched without a valid search warrant or outside the judicial process, subject only to constitutionally established exceptions permitting warrantless searches of private property. (b) For purposes of this section, "open fields" means the private property of a person beyond the land immediately surrounding and associated with a private dwelling and includes fenced land and wooded areas. (c) The open fields doctrine, as it is known in the common law, is hereby abolished. NOTE: The purpose of this bill is to eliminate the open fields doctrine in this state. 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: