WEST virginia legislature

2018 regular session

Committee Substitute

for

House Bill 4502

By Delegates Barrett, Kessinger, Moore, Sobonya, R. Miller, Lovejoy, Canestraro and Harshbarger

[Reported down February 19, 2018; Referred to the Committee on the Judiciary.]

A BILL to amend and reenact §62-1D-8 of the Code of West Virginia, as amended, relating to adding murder, armed robbery, sex crimes, treason, and organized crimes to the list of offenses for which a prosecutor may apply for an order authorizing interception.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.

§62-1D-8. County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.

The prosecuting attorney of any county or duly appointed special prosecutor may apply to one of the designated circuit judges referred to in section seven of this article and such judge, in accordance with the provisions of this article, may grant an order authorizing the interception of wire, oral or electronic communications by an officer of the investigative or law-enforcement agency when the prosecuting attorney or special prosecutor has shown reasonable cause to believe the interception would provide evidence of the commission of: (i) Kidnapping or abduction as defined and prohibited by the provisions of sections fourteen and fourteen-a, article two, chapter sixty-one of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of section fourteen-c of said article two; (ii) of any offense included and prohibited by section eleven, article four, chapter twenty-five of said code, sections eight, nine and ten, article five, chapter sixty-one of said code or section one, article eight, chapter sixty-two of said code to the extent that any of said sections provide for offenses punishable as a felony; (iii) dealing, transferring or trafficking in any controlled substance or substances in the felonious violation of chapter sixty-a of this code; (iv) of any offense included and prohibited by article fourteen, chapter sixty-one of this code; (v) of any offense included and prohibited by section one, article two, chapter sixty-one of this code; (vi) of any offense included and prohibited by section twelve, article two, chapter sixty-one of this code; (vii) any offense included and prohibited in the felonious violation of article eight-b, chapter sixty-one of this code; (viii) treason, as defined in section one, article one, chapter sixty-one of this code; (ix) organized crime, as defined in section three, article thirteen, chapter sixty-one of this code; or (x) any aider or abettor to any of the foregoing offenses or any conspiracy to commit any of the foregoing offenses if any aider, abettor or conspirator is a party to the communication to be intercepted.

NOTE: The purpose of this bill is to add murder, armed robbery, sex crimes, treason, and organized crimes to the list for which a prosecutor could apply for an order authorizing interception.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.