WEST virginia legislature

2019 regular session

Introduced

House Bill 3037

By Delegates Campbell, Higginbotham, Lovejoy, Canestraro, Pack, Paynter, Wilson, Angelucci, Miller, Maynard and Longstreth

[Introduced February 12, 2019; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia. 1931, as amended, by adding thereto a new section, designated §62-1-5b, relating to criminal procedure; body search procedure; and providing for a felony offense for failure to disclose possession of hypodermic needles.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. PRELIMINARY PROCEDURE.

§62-1-5b.  Body search accompanying arrest; duty to inform law-enforcement officer of possession of hypodermic needles; felony offense and penalty.

Any person who, is arrested and subject to a body search by law-enforcement officers, medical or EMT personnel, shall disclose that the person has a hypodermic needle or any other item in his or her possession that could puncture the skin of the law-enforcement officers, medical or EMT personnel.  Any person, who fails to make that disclosure and a law-enforcement officer, medical or EMT personnel is stuck with a needle or other sharp object, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not more than 10 years and fined up to $50,000.

NOTE: The purpose of this bill is to require persons who are arrested and subject to a body search to disclose the possession of a hypodermic needle or other sharp object.  The bill also provides that if law enforcement, medical or EMT personnel are injured by such an object, a felony has occurred.

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