West Virginia 2023 Regular Session

West Virginia House Bill HJR23

Introduced
2/3/23  

Caption

Relating to the prohibition of unreasonable searches and seizures.

Impact

If ratified, HJR23 will significantly impact state laws related to property rights and privacy. By explicitly protecting all types of property from unreasonable searches and seizures, the bill reinforces the legal framework surrounding individual rights. The proposed changes would align West Virginia's constitutional protections with evolving standards regarding digital privacy, acknowledging the importance of safeguarding personal data and digital assets in modern society.

Summary

House Joint Resolution 23 (HJR23) proposes an amendment to the Constitution of the State of West Virginia aimed at enhancing protections against unreasonable searches and seizures. The amendment expands the definition of property to include all forms of property, whether real, personal, tangible or digital. This proposal seeks to ensure that citizens' rights to secure their possessions from unwarranted intrusions are firmly safeguarded in the state's Bill of Rights.

Sentiment

The reception of HJR23 appears to be largely positive among proponents advocating for civil liberties and privacy rights. Advocates argue that the amendment is a necessary modern adaptation of existing laws to address current technological realities. However, there may be concerns from law enforcement and legal experts regarding the implications for procedures surrounding searches and the potential challenges it could create in enforcing laws.

Contention

Notably, HJR23 may raise discussions and debates about the balance between individual rights and the needs of law enforcement. While many view the bill as a progressive step towards stronger protections, critics may argue about potential overreach or unintended consequences that could impede necessary law enforcement activities. The discussions may lead to a broader analysis of how such changes could affect legal proceedings and the enforcement of justice in West Virginia.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4825

Relating to the prohibition of warrantless searches and seizures.

WV HB2386

Relating to the prohibition of warrantless searches and seizures.

WV HF2631

Right of citizens to be secure from unreasonable searches and seizures expanded to include unreasonable searches and seizures of electronic communications and data.

WV SF452

Constitutional amendment providing the right of citizens to secure from unreasonable searches and seizures includes protection against unreasonable searches and seizures of electronic communications and data

WV SF707

Constitutional amendment providing the right of citizens to be secure from unreasonable searches seizures including protection against unreasonable searches and seizures of electronic communications and data

WV SF2389

Constitutional amendment providing that the right of citizens to be secure from unreasonable searches and seizures includes protection against unreasonable searches and seizures of electronic communications and data

WV HF1893

Right of citizens to be secure from unreasonable searches and seizures provided to include protection against unreasonable searches and seizures of electronic communications and data, and constitutional amendment proposed.

WV SF951

Constitutional amendment proposition to provide that the right of citizens to be secure from unreasonable searches and seizures to include protection against unreasonable searches and seizures of electronic communications and data

WV SJR1

Constitutional amendment; prohibiting unreasonable search and seizure of electronic data and communications.

WV SJR1

Constitutional amendment; prohibiting unreasonable search and seizure of electronic data and communications.

Similar Bills

No similar bills found.