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;
(2) Conducting an illegal investigation or an unlawful search or seizure;
(3) Performing another otherwise valid legislative act without proper legislative authority;
(4) Filing a false or incomplete report, disclosure or claim regarding an otherwise valid legislative act; or
(5) Using legislative office for private gain in violation of the provisions of chapter six-b of this code that define and enforce governmental ethics.
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