Prohibiting law enforcement from placing surveillance cameras on private property, the official text

WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled
            Committee Substitute

                         for

            Senate Bill 84

         BY SENATORS THORNE, ROSE, RUCKER, AND HART
          [Passed March 6, 2026; in effect 90 days from

                         passage (June 4, 2026)]
    Enr CS for SB 84

1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section,

2        designated §62-1A-12, relating to prohibitions on surveillance cameras used by law

3        enforcement; prohibiting installation of a surveillance camera on private land for purposes

4        of gathering information or evidence of a crime; creating exceptions for consent or a valid

5        search warrant; creating inapplicability to cameras placed in other areas where a law-

6        enforcement officer has a right to be; creating inapplicability in certain exigent

7        circumstances; and creating definitions.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 1A. SEARCH AND SEIZURE.

    §62-1A-12. Prohibitions on surveillance cameras on private property.

1        (a) Notwithstanding any provision of this code to the contrary, a law-enforcement officer

2 may not install any surveillance camera on private land for purposes of gathering information or

3 evidence of criminal activity of the owner or occupant of the private land without first obtaining

4 either consent of an owner of the private land or a valid search warrant.

5        (b) The provisions of subsection (a) of this section do not prohibit a law-enforcement officer

6 from:

7        (1) Installing a surveillance camera in any area not specified in subsection (a) of this

8 section where the law-enforcement officer has a lawful right to be and facing a location on any

9 private land that is open to public view; or

10       (2) Installing a surveillance camera on private property where exigent circumstances exist

11 and there is insufficient time to obtain a valid search warrant.

12       (c) For purposes of this section:

13       “Law-enforcement officer” has the same meaning as that term is defined in §30-29-1 of

14 this code.

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    Enr CS for SB 84

15          "Private land" means posted land, cultivated land, or fenced land, as those terms are

16 defined in §61-3B-1 of this code, that is owned by an individual or entity other than a federal,

17 state, or local government or a political subdivision thereof.

18          “Property owner” means an individual or entity, other than a governmental entity, who

19 owns, leases, licenses, or possesses real property or an employee or agent of that individual or

20 entity.

21          “Surveillance camera” means a device installed on private land that permits observing,

22 photographing, videotaping, recording, or transmitting visual images of private land or a person’s

23 activities on private land and includes, but is not limited to, a game camera: Provided, That a law-

24 enforcement officer’s vehicle dash camera or body camera shall not be considered a surveillance

25 camera.

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Enr CS for SB 84
              The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect 90 days from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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