WEST virginia legislature

2019 regular session

Introduced

House Bill 2892

By Delegates Canestraro, Miller, D. Kelly, N. Brown, Steele and Fast

[Introduced February 7, 2019; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §62-1A-2 of the Code of West Virginia, 1931, as amended, relating to including digital and virtual information in the definition of property that can be searched and seized by a warrant.

Be it enacted by the Legislature of West Virginia:

article 1A. search and seizure.

§62-1A-2. Same -- Grounds for issuance; property defined.

A warrant may be issued under this article to search for and seize any property

(a) Stolen, embezzled or obtained by false pretenses; or

(b) Designed or intended for use or which is or has been used as a means of committing a criminal offense; or

(c) Manufactured, sold, kept, concealed, possessed, controlled, or designed or intended for use or which is or has been used, in violation of the criminal laws of this state heretofore or hereinafter enacted.

The term “property” shall include documents, books and papers, digital and virtual information, including, but not limited to, social media accounts, and any other tangible objects.

NOTE: The purpose of this bill is to include digital and virtual information in the definition of property that can be searched and seized by a warrant.

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