§4-1A-1. Purpose; Legislative Findings and Declarations
(a) The purpose of this article is to describe the scope and limitations of legislative immunity provided by: (1) English common law;
§4-1A-10. Administrative Acts Are Not Immune
(a) Legislative immunity does not extend to activities by legislators that are administrative in nature rather than legislative. If the underlying facts on which a decision is based are legislative facts involving establishment of a general policy or state of affairs, then the decision is legislative. If the facts used in the decision making are […]
§4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited
(a) Proof of a person's status as a member of the Legislature is not prohibited. (b) A member of the Legislature who chooses to offer evidence of legislative acts as a defense to a criminal prosecution has not been "questioned", even though the member thereby subjects himself or herself to cross-examination.
§4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants
Legislative immunity extends to legislative staff, aides or assistants working on behalf of a legislator. Inquiry is prohibited into things done as a legislator's staff member, aide or assistant which would have been legislative acts if performed by the legislator personally.
§4-1A-13. Legislative Immunity From Ultimate Relief
Legislative immunity may be invoked to shield a legislator from judicially ordered relief, including, but not limited to, the following: (1) Criminal prosecution for his or her legislative acts;
§4-1A-14. Testimonial Immunity
(a) Testimonial immunity is an aspect of legislative immunity that protects a legislator from questioning elsewhere than in the legislative forum. (b) When a legislator has been improperly questioned before a grand jury concerning legislative acts, the counts in a criminal indictment that are based on the testimony must be dismissed. (c) When a legislator […]
§4-1A-15. Right to Interlocutory Appeal
Denial of a claim of legislative immunity is immediately appealable under the collateral order doctrine because the Speech or Debate Clause is designed to protect legislators not only from the consequences of litigation's results but also from the burden of defending themselves.
§4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article
The Legislature of the State of West Virginia, in codifying certain elements and doctrines of the common law regarding legislative immunity through the enactment of this article, does not intend to narrow the common law definition of legislative immunity that is afforded the Legislature under the speech or debate privilege and the separation or division […]
§4-1A-2. Applicability of Definitions
For the purposes of this article, the words or terms defined in this article have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
§4-1A-3. Legislative Act Defined
"Legislative act" means an act that is generally to be performed by the Legislature in relation to the investigative, deliberative and decision-making business before it. A "legislative act": (1) Is an integral part of the processes by which members participate in proceedings that come before the Senate or House of Delegates or a committee thereof; […]
§4-1A-4. Legislative Sphere Defined
The "legislative sphere" includes all activities that are an integral part of the deliberative and communicative processes by which members of the Legislature participate in committee and house proceedings with respect to the consideration and passage or rejection of proposed legislation or with respect to other matters which the Constitution places within the jurisdiction of […]
§4-1A-5. Political Act Defined
"Political act" means an act, nonetheless legitimate, that is political in nature rather than being a legislative act as defined in section three of this article.
§4-1A-6. Scope of Legislative Immunity Generally
(a) Legislative immunity, affording protection under the Separation of Powers Doctrine and the Speech or Debate privilege, extends to all of a legislator's legislative acts, as defined in section three of this article. (b) The Speech or Debate privilege, when it applies, is absolute and has two aspects: (1) A member of the Legislature has […]
§4-1A-7. Legislative Immunity in Specific Instances
The scope of legislative immunity includes, but is not limited to, the following legislative acts: (1) Introducing and voting for legislation;
§4-1A-8. Actions Taken Without Lawful Authority Are Not Immune
Legislative immunity does not extend to activities by legislators that are without lawful authority under Constitutional law, statutory law or rules of the Legislature, including, but not limited to, the following: (1) Using an unconstitutional procedure to enact legislation;
§4-1A-9. Political Acts Are Not Privileged
Legislative immunity does not extend to political acts, including, but not limited to, the following: (1) Communications to the press through letters, electronic mail, newsletters or news releases: Provided, That the release of pending legislation, committee reports, journals, acts and other official legislative reports and documents is a legitimate legislative activity;