H. B. 2156\


(By Delegate Hendricks, Michael and Campbell)
[Introduced February 17, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section four, article three-a, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section four-a, all relating to shoplifting; extending the length of time an alleged shoplifter may be detained from thirty minutes to one hour; allowing use of photographs of items, alleged to have been shoplifted, as evidence; and allowing the return of the items to the owner.

Be it enacted by the Legislature of West Virginia:
That section four, article three-a, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section four-a, all to read as follows:
ARTICLE 3A. SHOPLIFTING.

§61-3A-4. Shoplifting constitutes breach of peace; detention.

An act of shoplifting as defined herein, is hereby declared to constitute a breach of peace and any owner of merchandise, his agent or employee, or any law-enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes, one hour for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting. Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained.
§61-3A-4a. Use of photographs as evidence in certain shoplifting prosecutions.

In a prosecution for shoplifting under the provisions of section one of this article, photographs of the goods or merchandise alleged to have been taken or converted are competent evidence of the goods or merchandise and are admissible in any proceeding, hearing or trial of the case to the same extent as if the goods and merchandise had been introduced as evidence:
Provided, That a written description of the goods or merchandise alleged to have been taken or converted, the name of the owner of the goods or merchandise, or the store or the establishment wherein the alleged offense occurred, the name of the accused, the name of the arresting police officer or conservator of the peace, and the signature of the photographer are appended to the photographs. When the photograph or photographs and requiredappendages are filed with the police authority or court holding the goods and merchandise as evidence, the goods or merchandise shall be returned to the owner, proprietor or manager of the store or establishment in which the alleged offense occurred. Nothing in this section may be construed to prevent proper authentication of the photographs at any hearing or trial in which they are presented as evidence.



NOTE: The purpose of this bill is to extend the length of time an alleged shoplifter may be detained by a store owner from thirty minutes to one hour. The bill also allows the use of photographs of the items alleged to have been shoplifted as evidence in a hearing or trial and it allows store owners to recover the items when photographs of the items are presented to the authority holding the items as evidence.

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

§61-3A-4a is new, therefore, strike-throughs and underscoring are omitted in that section.