# West Virginia

West Virginia’s Law-Enforcement Professional Standards (LEPS) Subcommittee certifies officers and may decertify them, and agencies must report every separation within 10 days with the reason. Since 2023 the State has required autism and dementia training every three years, excluded uncertified litter control officers from the definition of law enforcement officer, and directed in-service credit for school-safety work. Rule revisions in 2024 and 2026 allowed more online in-service training and set a two-year wait after two failed physical ability tests. A proposed rule would add a citizenship or permanent-residency requirement. No public decertification list exists.

Source: https://uscli.org/officer-certification-tracker/west-virginia

## At a glance

- **Certifying body:** Law-Enforcement Professional Standards (LEPS) Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction. Its 11 members represent the State Police, Natural Resources police, sheriffs, chiefs, deputies, the Fraternal Order of Police, the Municipal League, county officials, the Human Rights Commission, troopers, and the public. Staff support comes from the Division of Administrative Services, Justice and Community Services ([W. Va. Code 30-29-2](https://code.wvlegislature.gov/30-29-2/), 30-29-3).
- **Statute:** [W. Va. Code chapter 30, article 29](https://code.wvlegislature.gov/30-29/) (Law-Enforcement Training and Certification). Rule: 149 CSR 2 (Law Enforcement Training and Certification Standards).
- **Minimum standards:** Officers must be certified or certifiable. An uncertified hire must apply to an academy within 90 days and finish within 18 months, with one 6-month extension. Before hiring a pre-certified officer, an agency must make written findings: 18 or older; a high school graduate or equivalent; a psychological assessment recommending hire; a passed polygraph; no dishonorable discharge; no conviction for, or admission to, a crime punishable by more than one year, a crime of moral turpitude, or domestic violence; not barred from firearms; not addicted; and consent to a national background check. Academy entry also requires medical and physical ability standards, and the basic course is 850 hours (W. Va. Code 30-29-5, [30-29-14](https://code.wvlegislature.gov/30-29-14/); 149 CSR 2).
- **Decertification:** The subcommittee “may decertify or reactivate” an officer. By rule it “may suspend, decertify, or deny” certification for, among other grounds, falsification; drug use; an admitted or convicted felony or offense involving dishonesty, sex, violence, or DUI, including diversion; missed in-service or firearms training; legal prohibitions; suspension or revocation in another state; inability to carry a firearm; child-support default; and conduct unbecoming. Agencies must report separations within 10 days with the reason (retirement, resignation, resignation in lieu of termination, resignation under investigation, or termination). Certification becomes inactive on separation, and reactivation is reviewed. An agency “shall not” seek decertification in lieu of termination (W. Va. Code 30-29-3(a)(11)–(12), 30-29-5(f), 30-29-11; [149 CSR 2](https://apps.sos.wv.gov/adlaw/csr/rule.aspx?rule=149-02)).
- **Public decertification list:** None. The subcommittee keeps a certification-status database for law enforcement agencies. Personnel information that did not result in a criminal conviction is exempt from the public records law, and the hiring findings under 30-29-14 are not public records ([W. Va. Code 30-29-3(a)(12)](https://code.wvlegislature.gov/30-29-3/), 30-29-14(f)).
- **National Decertification Index:** None found. W. Va. Code article 30-29, 149 CSR 2 as in force since July 1, 2026, and the proposed 2026 amendment do not name the Index.
- **Continuing training:** At least 16 hours of annual in-service training, not counting firearms, with up to half online since 2024, and firearms qualification twice a year, one of them in low light. Officers of sergeant rank and above need 8 hours of supervisory training every 24 months, which may be fully online. Certification is reviewed each year and may be revoked, suspended, or not renewed for missed in-service training. Autism and dementia training is required every three years since 2023 ([W. Va. Code 30-29-6](https://code.wvlegislature.gov/30-29-6/), 30-29-5a(i); 149 CSR 2).

## Changes, 2023 to 2026

- Jul 1, 2026 — **Two-year wait after two failed physical ability tests; trainees must attend the academy they applied to** — 149 CSR 2, authorized with amendment by SB 281 (2026), W. Va. Code 64-6-1 · Proposed rule approved by the agency July 24, 2025 and modified September 24, 2025; SB 281 passed March 12, 2026 and approved April 1, 2026; final rule filed May 13, 2026; effective July 1, 2026 — After failing the physical ability test twice, an applicant “shall” wait 2 years before being eligible for law enforcement employment; the earlier rule only placed failed applicants in non-law-enforcement positions. A student must attend the academy first applied to. An academy that “terminates” entry-level training for 24 months or more must reapply; the Legislature struck “suspends or” from that rule. Level 2 instructor applicants no longer appear in person. The rule now sunsets in 2031. Most other changes are renumbering. — **For officers:** If you fail the physical ability test twice, you must wait 2 years before you can be hired as an officer. — [149 CSR 2 filing](https://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=18364)[SB 281 enrolled](https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb281%20sub1%20enr.htm&yr=2026&sesstype=RS&i=281)
- Jul 10, 2025 — **Rules must give in-service credit for school-safety work** — HB 2802 (2025), amending W. Va. Code 30-29-3(a)(7) · Passed April 11, 2025; approved April 25, 2025; effective July 10, 2025 (90 days from passage) — The subcommittee’s rules “shall include” substitute in-service or supervisory training credit, as the subcommittee finds appropriate, for officers or certified instructors who take part on site in an authorized school safety program. The rule in force since July 1, 2026 has no such provision; the pending 2026 rule would add it. — **For officers:** On-site school-safety work is meant to count toward in-service hours, but the rule that grants the credit is not yet in force. — [HB 2802](https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2802%20eng.htm&yr=2025&sesstype=RS&i=2802)[W. Va. Code 30-29-3](https://code.wvlegislature.gov/30-29-3/)
- Jul 1, 2024 — **More online in-service training, tighter instructor upkeep, no appeal after voluntary academy resignation** — 149 CSR 2, authorized by SB 36 (2024), W. Va. Code 64-6-1 · Proposed rule approved by the agency July 26, 2023 and modified October 4, 2023; SB 36 passed March 8, 2024 and approved March 26, 2024; final rule filed April 10, 2024; effective July 1, 2024 — The online share of annual in-service training rises from 25 to 50 percent, and supervisory in-service training may be fully online (was 25 percent). Level 1 instructors need 16 hours of subject training within 2 years (was 5) and must teach or attend 8 hours every 12 months (was 24). A trainee who resigns voluntarily, other than for hardship, “may not appeal.” The rule now sunsets in 2029. The decertification grounds and separation reporting are unchanged in substance. — **For officers:** Up to half of your 16 annual in-service hours may be online. — [149 CSR 2 filing](https://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=17929)[SB 36 enrolled](https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb36%20sub1%20enr.htm&yr=2024&sesstype=RS&i=36)
- May 31, 2023 — **Autism and dementia training every three years for all officers** — SB 208 (2023), amending W. Va. Code 30-29-5a · Approved March 11, 2023; effective May 31, 2023 (90 days from passage) — “All current law-enforcement officers shall receive” the basic course on interacting with people with autism spectrum disorders, Alzheimer’s disease, and related dementias as part of mandated in-service training every three years. The act also revises the course content, including de-escalation and a two-hour dementia course. — **For officers:** You must repeat the autism and dementia course every three years as part of in-service training. — [SB 208](https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb208%20sub1.htm&yr=2023&sesstype=RS&i=208)[W. Va. Code 30-29-5a](https://code.wvlegislature.gov/30-29-5A/)
- May 31, 2023 — **Uncertified litter control officers excluded from the definition of law enforcement officer** — SB 300 (2023), amending W. Va. Code 30-29-1 · Approved March 11, 2023; effective May 31, 2023 (90 days from passage) — County litter control officers count as law enforcement officers only if trained, certified, and currently active. Litter control officers authorized under W. Va. Code 7-1-3ff(d) but not certified are expressly excluded. — **For officers:** A county litter control officer is a law enforcement officer only while certified and active. — [SB 300 history](https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=300&year=2023&sessiontype=RS&btype=bill)[SB 300 text](https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb300%20sub1.htm&yr=2023&sesstype=RS&i=300)

## Not yet in force and pending

- **Proposed 149 CSR 2 amendment:** would require citizenship or lawful permanent residency for certification; make repeated failure of field training a ground for action; require stop-work orders for officers out of training compliance on June 30; set a 14-working-day deadline for instructors to submit completed training; and give in-service credit for school-safety work, as HB 2802 directs. Notice was filed June 29, 2026, the agency approved the rule July 31, 2026, and a modified version was filed August 18, 2026. It needs legislative authorization in 2027. [Proposed rule](https://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=18550)

These bills were not enacted (left in committee at the end of each session unless noted): HB 4803 (2024), HB 2100 (2025), and HB 4159 (2026) on hiring requirements; HB 5318 (2024, passed the House only) and HB 3128 (2025) on certification of municipal police chiefs; HB 5118 and HB 5133 (2024) on hiring age; SB 859 (2026) on appeals of certification decisions; HB 4579 (2026) on body-worn cameras; and HB 2445 (2025) and HB 4095 (2026) on qualified immunity for no-knock warrants.

## Checked and unchanged

- The Code’s per-section signed-bill lists show no 2023 to 2026 amendment to W. Va. Code 30-29-2, 30-29-4, 30-29-5, or 30-29-7 to 30-29-14.
- 149 CSR 2 decertification grounds and separation reporting: renumbered in 2024 and 2026, unchanged in substance.
- No 2023 to 2026 statute or rule on duty to intervene, Brady or Giglio disclosures, use-of-force limits, or officer masks or identification was found.
- Not counted: SB 83 (2023) added tactical medical professional training to 30-29-3; HB 2053 (2025) added the Space Force to the military exception in 30-29-6; HB 3181 (2025) created 30-29-15 on purchase of a service handgun.