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WV HB5250

Bill

Official Source

Status

Introduced

2/5/2026

Primary Sponsor

Mike Pushkin

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Amends West Virginia Code §4-1-17 to create an exception to legislative immunity from court proceedings when the Legislature, a house of the Legislature, or a member is a party to litigation involving legislative actions
  • Allows courts to proceed with cases against legislators or legislative bodies if delay would impede the judiciary's constitutional duty to ensure fair and timely administration of justice
  • Current law grants legislators and designated employees automatic stays from judicial proceedings during sessions, 10 days before sessions, 30 days after sessions, and around interim committee meetings
  • The exception specifically targets situations where legislative actions are being challenged in court, preventing legislators from using procedural delays to avoid judicial review
  • Introduced by Delegates Pushkin and Garcia on February 5, 2026, and referred to the House Judiciary Committee

Legislative Description

Clarifying that the legislature cannot impede the judiciary’s duties to assure the fair administration of justice when it or a member of a legislative body is a party in a proceeding relating to legislative actions

Legislature

Last Action

To House Judiciary

2/5/2026

Committee Referrals

Judiciary2/5/2026

Full Bill Text

No bill text available