West Virginia 2026 Session Status: Enacted 4 R cosponsors

HB 4345 — Relating to the preservation of missing persons records and evidence

Last action — Chapter 92, Acts, Regular Session, 2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill addresses how missing persons records and evidence are preserved.

This bill focuses on the preservation of records and evidence related to missing persons. It aims to ensure that such critical information is maintained properly for investigations.

Summary

Relating to the preservation of missing persons records and evidence

Bill Text

What changed in the latest version

7 added · 188 removed

Plain-language change summary

The recent amendment to HB 4345 introduces several important changes to how missing persons cases are handled in West Virginia. It establishes clear definitions for terms like "missing person," "missing child," and "unresolved missing persons complaint," ensuring better clarity in legal language. Additionally, the amendment mandates that law enforcement agencies permanently retain records for unresolved missing persons complaints and digitize those files, which aims to enhance the ability to locate missing individuals more efficiently. Overall, these changes are significant as they improve the tracking and management of missing persons cases, potentially leading to quicker resolutions and better outcomes for families.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 4345 BYD ELEGATESHORNBY, OLSTEIN, ASTERS,AND HECKERT [Passed March 14, 2026;
HB4345 S JUD AM #1COBB 7888 The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
in effect 90 days from passage (June 12, 2026)] Enr CS for HB 4345 AN ACT to amend and reenact §15-3D-3 and §15A-12-9 of the Code of West Virginia 1931, as amended;
and to amend the code by adding a new section, designated §15-3D-10, relating to preserving records and evidence in missing persons complaints that are unresolved after one year;
creating definitions;
mandating the creation of certain databases;
requiring record and evidence retention;
and requiring certain records be transmitted to the Fusion Center.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3D.
article 3d.
WEST VIRGINIA'S MISSING PERSON'S ACT.
west virginia's missing person's act.
For the purposes of this article:
For the purposes of this article:(1) "CODIS" means the Federal Bureau of Investigation’s Combined DNA Index System, which allows for the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories.
(1) "CODIS" means the Federal Bureau of Investigation’s Combined DNA Index System, which allows for the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories.
(2) "Complainant" means a person who contacts law enforcement to report that a person is missing.
(2) "Complainant" means a person who contacts law enforcement to report that a person is missing.(3) "Electronic communication device" means a cellular telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
(3) "Electronic communication device" means a cellular telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
(5) "Law-enforcement agency" means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof.
(5) "Law-enforcement agency" means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof.(6) "Lead law-enforcement agency" means the law-enforcement agency that initially receives a missing persons complaint or, after the fulfillment of all requirements of this article related to the initial receipt of a missing persons complaint and transmission of information to required databases, the law-enforcement agency with the primary responsibility for investigating a missing or unidentified persons complaint.(7) "Missing and endangered child" means any missing child for which there are substantial indications the child is at high risk of harm or in immediate danger, and rapid action is required, including, but not limited to:(A) Physically or mentally disabled and dependent upon an agency or another individual for care;(B) Under the age of 13;(C) Missing under circumstances which indicate the child’s safety may be in danger;
Enr CS for HB 4345 (6) "Lead law-enforcement agency" means the law-enforcement agency that initially receives a missing persons complaint or, after the fulfillment of all requirements of this article related to the initial receipt of a missing persons complaint and transmission of information to required databases, the law-enforcement agency with the primary responsibility for investigating a missing or unidentified persons complaint.
or(D) A foster child and has been determined a missing and endangered child by the Department of Human Services.(8) "Missing child" means any child under the age of 18 whose whereabouts are unknown to the child’s legal custodian.(9) "Missing person" means any person who is reported missing to a law-enforcement agency.(10) "NamUs" means the database of the National Missing and Unidentified Persons System.(11) "NCIC" means the database of the National Crime Information Center, the nationwide, online computer telecommunications system maintained by the Federal Bureau of Investigation to assist authorized agencies in criminal justice and related law-enforcement objectives.
(7) "Missing and endangered child" means any missing child for which there are substantial indications the child is at high risk of harm or in immediate danger, and rapid action is required, including, but not limited to:
(12) "NCMEC" means the database of the National Center for Missing and Exploited Children.(13) "Unidentified person" means any person, living or deceased, who has not been identified through investigation for over 30 days.
(A) Physically or mentally disabled and dependent upon an agency or another individual for care;
(14) “Unresolved missing persons complaint” means a missing person’s complaint that is unresolved one year from the date the missing persons complaint was filed pursuant to §15-3D-4 of this code.(14) (15) "Violent Criminal Apprehension Program" or "ViCAP" is a unit of the Federal Bureau of Investigation responsible for the analysis of serial violent and sexual crimes.(15) (16) "WEAPON system" means the West Virginia Automated Police Network.
(B) Under the age of 13;
(C) Missing under circumstances which indicate the child’s safety may be in danger;
or (D) A foster child and has been determined a missing and endangered child by the Department of Human Services.
(8) "Missing child" means any child under the age of 18 whose whereabouts are unknown to the child’s legal custodian.
(9) "Missing person" means any person who is reported missing to a law-enforcement agency.
(10) "NamUs" means the database of the National Missing and Unidentified Persons System.
(11) "NCIC" means the database of the National Crime Information Center, the nationwide, online computer telecommunications system maintained by the Federal Bureau of Investigation to assist authorized agencies in criminal justice and related law-enforcement objectives.
(12) "NCMEC" means the database of the National Center for Missing and Exploited Children.
Enr CS for HB 4345 (13) "Unidentified person" means any person, living or deceased, who has not been identified through investigation for over 30 days.
(14) “Unresolved missing persons complaint” means a missing person’s complaint that is unresolved one year from the date the missing persons complaint was filed pursuant to §15-3D- 4 of this code.
(15) "Violent Criminal Apprehension Program" or "ViCAP" is a unit of the Federal Bureau of Investigation responsible for the analysis of serial violent and sexual crimes.
(16) "WEAPON system" means the West Virginia Automated Police Network.
(a) Law enforcement agencies shall permanently retain and shall not destroy unresolved missing persons complaint records and evidence.
(a) Law enforcement agencies shall permanently retain and shall not destroy unresolved missing persons complaint records and evidence.(b) Law enforcement agencies may follow the state’s existing record-retention schedules for resolved missing persons complaints. (c) Law-enforcement agencies shall digitize active and unresolved missing persons complaint files, ensuring that all related documentation and evidence are scanned, uploaded, or otherwise preserved in a secure, searchable digital format.
(b) Law enforcement agencies may follow the state’s existing record-retention schedules for resolved missing persons complaints.
(c) Law-enforcement agencies shall digitize active and unresolved missing persons complaint files, ensuring that all related documentation and evidence are scanned, uploaded, or otherwise preserved in a secure, searchable digital format.
The West Virginia Fusion Center shall retain the documentation until it is provided notice by the lead law- enforcement agency or the West Virginia State Police that the person has been located or the complaint has been resolved.
The West Virginia Fusion Center shall retain the documentation until it is provided notice by the lead law-enforcement agency or the West Virginia State Police that the person has been located or the complaint has been resolved.
DEPARTMENT OF HOMELAND SECURITY.
Department of HOMELAND SECURITY.
ARTICLE 12.
article 12.
WEST VIRGINIA FUSION CENTER.
west virginia fusion center.
Enr CS for HB 4345 §15A-12-9.
§15A-12-9.
(a) As used in this section:
 (a) As used in this section:"CODIS" means the Combined DNA Index System;"Cold case" means any investigation into a qualifying crime, a an unresolved missing persons complaint as defined in §15-3D-3 of this code, or unidentified human remains where all investigative leads have been exhausted and the crime remains unsolved;"Database" means the cold case database;"NAMUS" means the National Missing and Unidentified Persons System;"NCIC" means the National Crime Information Center;"NCMEC" means the National Center for Missing and Exploited Children;"Qualifying crime" means felony offenses set forth in §61-2-1 et seq., §61-3-1, §61-3-2, §61-3-7, §61-3C-14b, §61-3E-1 et seq., §61-8-1 et seq., §61-8A-1 et seq., §61-8B-1 et seq., §61-8C-1 et seq., and §61-8D-1 et seq.
"CODIS" means the Combined DNA Index System;
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"Cold case" means any investigation into a qualifying crime, an unresolved missing persons complaint as defined in §15-3D-3 of this code, or unidentified human remains where all investigative leads have been exhausted and the crime remains unsolved;
"Database" means the cold case database;
"NAMUS" means the National Missing and Unidentified Persons System;
"NCIC" means the National Crime Information Center;
"NCMEC" means the National Center for Missing and Exploited Children;
"Qualifying crime" means felony offenses set forth in §61-2-1 et seq., §61-3-1, §61-3-2, §61-3-7, §61-3C-14b, §61-3E-1 et seq., §61-8-1 et seq., §61-8A-1 et seq., §61-8B-1 et seq., §61- 8C-1 et seq., and §61-8D-1 et seq.
and "ViCAP" means the Violent Crime Apprehension Program.
and"ViCAP" means the Violent Crime Apprehension Program.(b) The West Virginia Fusion Center shall develop a secure database that contains all information related to each cold case in any jurisdiction in the state.(c) The West Virginia Fusion Center shall adopt policies and procedures to collect information for the database and for its maintenance.(d) Each law-enforcement agency in the state and the State Fire Marshal’s Fire Investigation Division may shall provide the information required by the West Virginia Fusion Center for inclusion in the database for each cold case as provided in §15-3D-10 of this code.
(b) The West Virginia Fusion Center shall develop a secure database that contains all information related to each cold case in any jurisdiction in the state.
Each law-enforcement agency and the office of the State Fire Marshal may maintain its physical evidence and investigation files for each cold case until the investigation is resolved.(e) Information to be collected and maintained in the cold case database.
(c) The West Virginia Fusion Center shall adopt policies and procedures to collect information for the database and for its maintenance.
– Each law-enforcement agency in the state and the Fire Marshal’s Fire Investigation Division may provide a written report or other information to the West Virginia Fusion Center for inclusion in the database containing the following:
(d) Each law-enforcement agency in the state and the State Fire Marshal’s Fire Investigation Division shall provide the information required by the West Virginia Fusion Center for inclusion in the database for each cold case as provided in §15-3D-10 of this code.
(1) The victim's:(A) Name;(B) Gender;(C) Race;(D) Ethnicity;
Each law- enforcement agency and the office of the State Fire Marshal may maintain its physical evidence and investigation files for each cold case until the investigation is resolved.
and(E) Date of birth;(2) The ViCAP number if the case has been entered into the ViCAP system;(3) The NCMEC number if the case has been entered into the NCMEC system;(4) Whether the case was entered into the NAMUS system;(5) The NCIC number if entered into the NCIC system;(6) The Medical Examiner case number;(7) Whether a probative, unanalyzed suspect referenced DNA is available;(8) Whether a probative crime scene DNA profile from the putative perpetrator has been uploaded to CODIS;(9) Whether reference DNA from the victim is available;(10) The West Virginia State Police Forensic Lab case number;(11) The name of the agency investigating the case;(12) The investigating agency’s phone number;(13) The agency case number;(14) Whether the victim was a juvenile or adult victim at the time the crime occurred;
(e) Information to be collected and maintained in the cold case database.
(15) The date the crime was reported to the investigating agency;(16) The date or approximate date the victim was last seen;(17) The date or approximate date of death;(18) The cause or manner of death;(19) The location where the body was found;(20) Whether a weapon was used, and the type of weapon used;(21) Whether the following evidence is available:(A) Fingerprints;(B) Palm prints;(C) Latent prints;(D) Dental records;(E) Shell casings;
– Each law- enforcement agency in the state and the Fire Marshal’s Fire Investigation Division may provide a Enr CS for HB 4345 written report or other information to the West Virginia Fusion Center for inclusion in the database containing the following:
or(F) Other physical evidence;(22) Whether a suspect or person of interest has been identified;(23) Scars, marks, tattoos, and any other unique distinguishing features of any suspects or persons of interest;(24) A case narrative;
(1) The victim's:
and (25) Any other additional information that is pertinent to the case.(f) The following information may be entered if applicable to either the victim or the suspect, but the law-enforcement agency shall specify which individual is being referenced:(1) Vehicle information;(2) Aliases;(3) Associated case addresses;(4) Associated phone numbers;(5) Associated names;(6) Case photos or composite drawings at the discretion of the investigating agency;
(A) Name;
and(7) Any other additional information that is pertinent to the case.(g) The West Virginia Fusion Center shall maintain the information contained within the database indefinitely. AdoptedRejected
(B) Gender;
(C) Race;
(D) Ethnicity;
and (E) Date of birth;
(2) The ViCAP number if the case has been entered into the ViCAP system;
(3) The NCMEC number if the case has been entered into the NCMEC system;
(4) Whether the case was entered into the NAMUS system;
(5) The NCIC number if entered into the NCIC system;
(6) The Medical Examiner case number;
(7) Whether a probative, unanalyzed suspect referenced DNA is available;
(8) Whether a probative crime scene DNA profile from the putative perpetrator has been uploaded to CODIS;
(9) Whether reference DNA from the victim is available;
(10) The West Virginia State Police Forensic Lab case number;
(11) The name of the agency investigating the case;
(12) The investigating agency’s phone number;
(13) The agency case number;
(14) Whether the victim was a juvenile or adult victim at the time the crime occurred;
(15) The date the crime was reported to the investigating agency;
(16) The date or approximate date the victim was last seen;
(17) The date or approximate date of death;
(18) The cause or manner of death;
Enr CS for HB 4345 (19) The location where the body was found;
(20) Whether a weapon was used, and the type of weapon used;
(21) Whether the following evidence is available:
(A) Fingerprints;
(B) Palm prints;
(C) Latent prints;
(D) Dental records;
(E) Shell casings;
or (F) Other physical evidence;
(22) Whether a suspect or person of interest has been identified;
(23) Scars, marks, tattoos, and any other unique distinguishing features of any suspects or persons of interest;
(24) A case narrative;
and (25) Any other additional information that is pertinent to the case.
(f) The following information may be entered if applicable to either the victim or the suspect, but the law-enforcement agency shall specify which individual is being referenced:
(1) Vehicle information;
(2) Aliases;
(3) Associated case addresses;
(4) Associated phone numbers;
(5) Associated names;
(6) Case photos or composite drawings at the discretion of the investigating agency;
and (7) Any other additional information that is pertinent to the case.
(g) The West Virginia Fusion Center shall maintain the information contained within the database indefinitely.
Enr CS for HB 4345 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 7
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Action History

  1. Filed for introduction

  2. To Judiciary

  3. Introduced in House

  4. To House Judiciary

  5. To House Homeland Security

  6. Markup Discussion

  7. To House Judiciary

  8. Markup Discussion

  9. By substitute, do pass

  10. On 1st reading, Special Calendar

  11. Read 1st time

  12. On 2nd reading, Special Calendar

  13. Read 2nd time

  14. On 3rd reading, Special Calendar

  15. Read 3rd time

  16. Passed House (Roll No. 64)

  17. Communicated to Senate

  18. Introduced in Senate

  19. To Judiciary

  20. To Judiciary

  21. Reported do pass, with amendment

  22. Immediate consideration

  23. Read 1st time

  24. On 2nd reading

  25. Read 2nd time

  26. Committee amendment adopted (Voice vote)

  27. On 3rd reading

  28. Read 3rd time

  29. Passed Senate (Roll No. 534)

  30. Senate requests House to concur

  31. House received Senate message

  32. House concurred in Senate amendment and passed bill (Roll No. 677)

  33. Communicated to Senate

  34. Completed legislative action

  35. House Message received

  36. To Governor 3/18/2026 - Senate Journal

  37. To Governor 3/18/2026

  38. Approved by Governor 3/25/2026 - Senate Journal

  39. Approved by Governor 3/25/2026

  40. Approved by Governor 3/25/2026 - House Journal

  41. Chapter 92, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Roll Call

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Democrat 4000
Unaffiliated 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4345 do?
Relating to the preservation of missing persons records and evidence
Who sponsors HB 4345?
HB 4345 is sponsored by Michael Hornby (Republican), Josh Holstein (Republican), Ian T. Masters (Republican), and Scot C. Heckert (Republican).
What is the current status of HB 4345?
This bill has been enacted into law. Introduced January 15, 2026. Enacted.
Where can I track HB 4345?
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