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.