WEST virginia legislature
2019 regular session
Introduced
House Bill 2167
By Delegates R. Miller and Canestraro
[Introduced January 9, 2019; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §57-5-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the prosecuting attorney to issue a subpoena duces tecum for documents considered material to a criminal investigation.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§57-5-4. Production of writings -- By person other than party.
When it appears by affidavit or otherwise that a writing
or document in the possession of any person not a party to the matter in
controversy is material and proper to be produced before the court, or any
person appointed by it or acting under its process or authority, or any such
person as is named in §57-5-1 of this code, such court, family law master
court judge, judge or president thereof may order the clerk of the
said that court to issue a subpoena duces tecum to compel such
the production at a time and place to be specified in the order. Notwithstanding
any other section of this code, the prosecuting attorney may issue a subpoena
duces tecum in aid of a criminal investigation for documents the prosecuting
attorney considers material to a criminal investigation.
NOTE: The purpose of this bill is to authorize the prosecuting attorney to issue a subpoena duces tecum for documents deemed material while conducting a criminal investigation.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.