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HB4722 • 2026
Relating to false judicial accusations after a determination of falsity
Relating to false judicial accusations after a determination of falsity
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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2026-01-22
H
To House Judiciary
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2026-01-22
H
Introduced in House
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2026-01-22
H
To Judiciary
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2026-01-22
H
Filed for introduction
Official Summary Text
Relating to false judicial accusations after a determination of falsity
Current Bill Text
Read the full stored bill text
HB 4722 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 4722 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION FISCAL NOTE Introduced House Bill 4722 By Delegates Heckert, McCormick, D. Cannon, Adkins, Stephens, Roop, Crouse, Marple, Browning, Masters, and G. Howell [Introduced January 22, 2026; referred to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §61-5B-1, relating to false judicial accusations; providing definitions; creating an offense; creating criminal penalties; providing remedies; creating enhanced penalties; and providing a confidential registry. Be it enacted by the Legislature of West Virginia: ARTICLE 5B. false judicial accusations after the determination of falsity. §61-5B-1. False judicial accusation. (a) Definitions. – For purposes of this article, the following terms have the following meanings: (1) "False judicial accusation" untrue claims of wrongdoing made in a legal context, often with intent to harm, and can range from intentionally lying under oath (perjury) to filing baseless police reports or providing fabricated evidence, obstructing justice and potentially leading to severe penalties for the accuser and serious consequences for the falsely accused. (2) "Harm" means the severe, and sometimes irreparable, injury to an individual’s reputation, liberty, emotional well-being, and financial stability, alongside the disruption of the justice system. (3) "Judicial proceeding" means: (A) Any proceeding before any court or commissioner thereof or justice of the peace; or (B) Any quasi-judicial proceeding before a board, commission or public servant, the outcome of which is required to be based on a record or documentation prescribed by law. (b) Offense. – A person commits the offense of false judicial accusation after determination of falsity if the person knowingly makes, repeats, maintains, or republishes a false allegation within a judicial proceeding after notice of a determination of falsity and with intent to cause harm or influence a judicial outcome. (c) Criminal penalties . – A violation of this section constitutes a misdemeanor for a first offense and a felony for a second or subsequent offense. Enhanced felony penalties apply where the false allegation results in arrest, loss of custody, issuance of a protective order, or loss of employment or licensure. (d) Mandatory remedies . – Upon conviction, the court shall order restitution, corrective notice to affected agencies, and expungement assistance for records related to the false allegation. (e) Civil cause of action . – A person harmed by conduct prohibited under this article has a private right of action for damages, including presumed damages, attorney fees, and treble damages for repeat or aggravated violations. (f) Child protective services enhancement . – Knowingly making or maintaining a false allegation to child protective services after a determination of falsity is subject to enhanced penalties and limited disclosure of reporter identity for prosecution or civil action. (g) Confidential registry . – The Supreme Court of Appeals shall maintain a non-public registry of persons convicted under this section for judicial and prosecutorial use only. (h) Safe harbor . – This article does not apply to good-faith reports, timely recantations prior to a determination of falsity, or statements lacking intent to cause harm. (i) Construction . – Nothing in this article shall be construed to discourage good-faith reporting, criminalize protected speech, or limit prosecutorial discretion. NOTE: The purpose of this bill is to create the crime of false judicial accusation after the determination of falsity. 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: