The West Virginia House of Delegates on Tuesday passed legislation that would revise a state law governing the confidentiality of certain court files and law-enforcement records.
House Bill 4468, sponsored by Delegates Elias Coop-Gonzalez, R-Randolph; JB Akers, R-Kanawha; Joe Parsons, R-Jackson; and Pat McGeehan, R-Hancock, seeks to repeal a law that currently restricts access to arrest-stage court records and related law-enforcement documents involving sexual offenses and related crimes.
Lawmakers enacted the current statute in June 2022. Supporters at the time said it aimed to protect the identities of sex crime victims. Critics, however, argued that the law also shielded those charged with such crimes by restricting access to records that had traditionally been public.
Since taking effect, the law has created confusion within the court system, as magistrate courts have interpreted it inconsistently regarding which criminal records they may release. The confidentiality provision covers individuals charged with more than 20 types of sex-related offenses.
Supporters of House Bill 4468 said repealing the statute would restore transparency to court proceedings while maintaining protections for victims’ privacy. Under the proposed change, officials would redact the name and address of a sex crime victim from certain court records before releasing them.
Coop-Gonzalez said the measure would strike a better balance between protecting victims and upholding the public’s right to information.
“HB 4468 ensures predators can no longer hide behind misguided confidentiality rules,” he said.
Lawmakers sent the bill to the Senate for consideration.
“I sure hope that they’ll agree to this,” Akers said. “We’re trying to maintain victim confidentiality and make that it’s still airtight, but we do think the public has a right to who the accused is as well.”