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 legislative findings that emphasize the importance of the Fourth Amendment and the potential threats posed by advancements in surveillance technology to constitutional protections against unreasonable searches and seizures. It identifies several technologies, including real-time security monitoring, facial recognition, and surveillance drones, that are deemed unreasonable for law enforcement use unless authorized by a warrant based on probable cause.

Additionally, the bill establishes penalties for violations, categorizing the unauthorized use of these technologies as a felony, punishable by imprisonment and fines. It also mandates that any political subdivision that has previously implemented such technologies must cease their use immediately. Furthermore, the bill provides individuals whose rights have been violated by the misuse of these technologies with a private cause of action against the offending law enforcement officer or official. 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