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 of powers, and does not, with the enactment of this article, otherwise revoke or abrogate any portion of the common law. This article shall not be construed so as to narrow, restrict, revoke or abrogate the common law.
Structure West Virginia Code
Article 1A. Legislative Immunity
§4-1A-1. Purpose; Legislative Findings and Declarations
§4-1A-2. Applicability of Definitions
§4-1A-3. Legislative Act Defined
§4-1A-4. Legislative Sphere Defined
§4-1A-5. Political Act Defined
§4-1A-6. Scope of Legislative Immunity Generally
§4-1A-7. Legislative Immunity in Specific Instances
§4-1A-8. Actions Taken Without Lawful Authority Are Not Immune
§4-1A-9. Political Acts Are Not Privileged
§4-1A-10. Administrative Acts Are Not Immune
§4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited
§4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants
§4-1A-13. Legislative Immunity From Ultimate Relief
§4-1A-14. Testimonial Immunity
§4-1A-15. Right to Interlocutory Appeal
§4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article