WEST virginia Legislature

2017 regular session

Introduced

Senate Joint Resolution 1

By Senator Sypolt

[Introduced February 8, 2017; referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia, amending section six, article III thereof, relating to protecting the electronic communication and data of citizens from unreasonable searches and seizures; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2018, which proposed amendment is that section six, article III thereof, be amended and reenacted to read as follows:

ARTICLE III. BILL OF RIGHTS.

§6.  Unreasonable searches and seizures prohibited.

The rights of the citizens to be secure in their houses, persons, papers and effects, and electronic communication and data, against unreasonable searches and seizures, shall not be violated.  No warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Protection of Electronic Communication and Data Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the West Virginia Constitution to protect the electronic communication and data of citizens from unreasonable searches and seizures.”

NOTE: The purpose of this resolution is to propose an amendment to the West Virginia Constitution that would protect the electronic communication and data of citizens from unreasonable searches and seizures.

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