The proposed bill, known as the "Fourth Amendment Restoration Act," aims to amend the Code of West Virginia by introducing a new article that prohibits law enforcement officers and political subdivision officials from using specific surveillance and artificial intelligence technologies without a warrant. The bill outlines that technologies such as real-time security monitoring, facial recognition, surveillance drones, and others are considered unreasonable searches unless authorized by a warrant based on probable cause. The legislation emphasizes the need to protect citizens' constitutional rights against unreasonable searches and seizures, as advancements in technology have outpaced legal frameworks.

Additionally, the bill establishes penalties for violations, categorizing the unauthorized use of these technologies as a felony, punishable by imprisonment and fines. Political subdivisions that have previously implemented such technologies are required to cease their use immediately. Furthermore, individuals whose rights have been infringed upon due to the misuse of these technologies are granted the right to pursue a private cause of action against the offending officers or officials. The provisions of this article would take effect upon passage.

Statutes affected:
Introduced Version: 15-17-1, 15-17-2, 15-17-3, 15-17-4, 15-17-5, 15-17-6