WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 567

By Senator Weld

[Originating in the Committee on the Judiciary; Reported on February 23, 2018]

A BILL to amend and reenact §62-1D-8 of the Code of West Virginia, 1931, as amended, relating to including treason, murder, certain degrees of robbery, and organized crime to the list of crimes for which a prosecutor may apply for order authorizing interception of communications.

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 §62-1D-7 of this code 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 §61-2-14 and §61-2-14(a) of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of §61-2-14(c) of this code; (ii) of any offense included and prohibited by §25-4-11 of this code, §61-5-8 through §61-5-10 of this code, or §62-8-1 of this code to the extent that §25-4-11 of this code, §61-5-8 through §61-5-10 of this code, or §62-8-1 of this code provide for offenses punishable as a felony; (iii) dealing, transferring, or trafficking in any controlled substance or substances in the felonious violation of §60A-1-1 et seq. of this code; (iv) of any offense included and prohibited by §61-14-1 et seq. of this code; or (v) 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; (vi) “treason” as defined in §61-1-1 of this code; (vii) “murder” as defined in §61-2-1 of this code; (viii) “robbery” as defined in §61-2-12(a) of this code; and (ix) “participation in an organized criminal enterprise” as defined in §61-13-2 of this code.

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