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SB248 SUB1 Senate Bill 248 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Committee Substitute

for

Senate Bill 248

Senators Weld and Cline, original sponsors

[Originating in the Committee on the Judiciary; Reported on February 22, 2019]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-4A-1, §7-4A-2, §7-4A-3, §7-4A-4, §7-4A-5, §7-4A-6, §7-4A-7, and §7-4A-8, all relating to creating the Prosecuting Attorney’s Detectives Act; providing a short title; making legislative findings; providing for law-enforcement titles; setting forth the duties and powers of prosecuting attorney’s detectives; providing for compensation of prosecuting attorney’s detectives; permitting prosecuting attorneys to hire detectives; establishing arrest power of prosecuting attorney’s detectives; setting forth requirements; limiting off-duty employment; and providing miscellaneous provisions.

Be it enacted by the Legislature of West Virginia:


ARTICLE 4A.  THE PROSECUTING ATTORNEY’S DETECTIVES ACT.


§7-4A-1.  Short title.


This article shall be known and may be cited as the Prosecuting Attorney’s Detectives Act.

§7-4A-2.  Legislative findings.


The Legislature finds and declares that:

(a) In West Virginia’s criminal justice system, prosecuting attorney’s office investigators, and the law-enforcement officers assigned to prosecuting attorneys offices, perform vital and highly sensitive duties.

(b) It is critical to the confidence of the public in West Virginia’s criminal justice system that the integrity and impartiality of prosecuting attorney’s detectives and their investigations be a high priority at all times.

(c) It is the purpose of this article to establish statewide standards and a code of conduct and professionalism for prosecuting attorney’s detectives and the law-enforcement officers assigned to the prosecuting attorney’s office.

§7-4A-3.  Law-enforcement titles.


The provisions of this article include all law-enforcement titles in the office of the prosecuting attorney.

§7-4A-4.  Duties and powers of detectives.


(a) The prosecuting attorney’s detectives of each of the prosecuting attorney’s offices, in addition to any and all powers prescribed by law, have the power to enforce:

(1) All rules and regulations promulgated by the governing body of the county governing the use by the public of county highways and roads; and

(2) All rules and regulations promulgated by the governing body of the county respecting the general health, safety, and welfare of the public within the county.

(b) Prosecuting attorney’s detectives shall be certified law-enforcement officers and have full power of arrest consistent with that of sheriffs’ deputies.

§7-4A-5.  Employment status compensation.


(a) A full-time prosecuting attorney’s detective shall be compensated at a rate mutually agreed upon by the prosecuting attorney and the prosecuting attorney detective.

(b) A full-time prosecuting attorney’s detective eligible shall be afforded employee benefits that are available to full-time county employees of the county in which the prosecuting attorney’s detective is employed.

§7-4A-6.  Appointment of detectives.


The prosecuting attorney may appoint a sufficient number of suitable persons, to be known as prosecuting attorney’s detectives, for the purpose of assisting the prosecuting attorney in the detection, apprehension, arrest, and conviction of offenders against the law.

§7-4A-7Requirements.


Except as otherwise provided by law, a person may not be appointed to the title of prosecuting attorney’s detective unless that person:

(a) Is a citizen of the United States and a resident of West Virginia;

(b) Is able to read, write, and speak the English language;

(c) Is of good moral character and has not been convicted of any criminal offense involving moral turpitude; and

(d) Is a certified law-enforcement officer with at least five years of experience in a municipal, county, state, or federal law-enforcement agency.

§7-4A-8.  Limitations on off-duty employment.


A prosecuting attorney’s detective may not engage in any off-duty employment which is determined to be in conflict with the role of a prosecuting attorney’s detective.9§7-4A-10.  Miscellaneous.

(a) Prosecuting attorney’s detectives may participate, join, or be members of charitable, civic, and professional organizations, associations, or committees. A prosecuting attorney’s detective may not be prohibited from being a member of a law-enforcement union or association.

(b) Nothing in this article may be construed to prohibit a prosecuting attorney’s detective from recommending an attorney or providing financial assistance to a family member in a civil or criminal proceeding, except where a clear conflict of interest exists.

 

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