The bill aims to amend the Code of West Virginia by removing qualified immunity for law enforcement officers who serve no-knock warrants if they are found to have used excessive force or acted negligently. It introduces new provisions that require a review of the officer's actions and the training provided by their agency if a suit or investigation arises from such incidents. Specifically, if the court determines that the officer committed a deprivation of rights, they will not be eligible for qualified immunity and will face individual accountability for any financial or criminal findings.

Additionally, the bill mandates that the court assess the adequacy of the training, mentoring, and standard operating procedures of the law enforcement agency involved. If the agency is found to have inadequately prepared the officer for the situation, it will also be held liable and included in any lawsuits brought by affected individuals. This legislative change seeks to enhance accountability and ensure that law enforcement officers are properly trained to prevent excessive force and negligence during no-knock warrant executions.

Statutes affected:
Introduced Version: 62-1A-5