H. B. 4434
(By Delegates Trump, Ashley and Staton)
[Introduced February 13, 1998; 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 and thirty-one, as amended, relating generally to
adding to the offenses for which applications may be made
for an order authorizing the interception of wire, oral or
electronic communications by a law enforcement officer.
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 and thirty-one,
as amended
,
be amended and reenacted 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; or (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; or (iii) dealing, transferring
or trafficking in any controlled substance or substances in the
felonious violation of chapter sixty-a of this code; or (iv)
murder of the first degree as defined in section one, article
two, chapter sixty-one of this code; or (v) any offense set forth in section twenty-seven, article five, of chapter sixty-one of
this code; or (vi) 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 add murder in the
first degree and obstructing the administration of justice as
offenses for which a prosecuting attorney may apply for
permission to wiretap.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.