H. B. 2747


(By Delegate Miller (By Request))

[Introduced February 24, 1995; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section eight, article one-d, chapter sixty-two 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 eight-a, relating to authorizing wiretaps in child abuse cases.

Be it enacted by the Legislature of West Virginia:
That section eight, article one-d, chapter sixty-two 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 eight-a, to read as follows:
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 section seven of this article 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 sections fourteen and fourteen-a, article two, chapter sixty-one of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of section fourteen-c of said article two; (ii) of any offense included and prohibited by section eleven, article four, chapter twenty-five of said code, sections eight, nine and ten, article five, chapter sixty-one of said code or section one, article eight, chapter sixty-two of said code to the extent that any of said sections provide for offenses punishable as a felony; (iii) dealing, transferring or trafficking in any controlled substance or substances in the felonious violation of chapter sixty-a of this code; or, (iv) child abuse and neglect as prohibited by article eight-d, chapter sixty-one 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.
§62-1D-8a. Authorization of interception of wire, oral or
electronic communications in instances of alleged child abuse.


The prosecuting attorney or any county or duly authorized and appointed special prosecutor, may apply to any designated judge, as referred to in section seven of this article, for an ex parte hearing in order to make application for judicial authorization to conduct wire, oral or electronic communication interception in the event such prosecuting attorney has a reasonable basis to believe that such interception would provide evidence that the commission of child abuse or child neglect, as prohibited by article eight-d, chapter sixty-one of this code has occurred or will occur. Upon application being made in accordance with this section, the judge may issue an order authorizing the interception of wire, oral or electronic communications in accordance with such application.

NOTE: The purpose of this bill is to authorize wire-tapping to catch child abusers and child neglecters.

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

Section eight-a is new; therefore, strike-throughs and underscoring have been omitted.