WEST virginia legislature

2018 regular session

Introduced

House Bill 4502

By Delegates Barrett, Kessinger, Moore, Sobonya, R. Miller, Lovejoy, Canestraro and Harshbarger

[Introduced February 12, 2018; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §62-1D-8 of the Code of West Virginia, as amended, relating to adding the crimes of murder and armed robbery to the list of offenses for which a prosecutor may apply for an order authorizing interception.

Be it enacted by the Legislature of West Virginia:

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 §62-7-1 et seq. 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 §61-2-14 and §61-2-14a of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of §61-2-14c; (ii) of any offense included and prohibited by §25-4-11 of this code, §61-5-8 through §61-5-10 or §62-8-1  of this 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 §60A-1-1 et seq. of this code; (iv) of any offense included and prohibited by §61-14-1 et seq. of this code; (v) of any offense included and prohibited by §61-2-1 of this code; (vi) of any offense included and prohibited by §61-2-12 of this code; or (vii) 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.

NOTE: The purpose of this bill is to include the offenses of murder and armed robbery for which a prosecutor could apply for an order authorizing interception.

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