HB4799 S JUD AM #1
Cobb 7888
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) This section establishes a statewide multi-jurisdictional cold case task force within the State Police. The executive board of the cold case task force shall consist of the Superintendent of the State Police, the President of the West Virginia Chiefs of Police Association, and the President of the West Virginia Sheriffs' Association. Meetings of the executive board are not subject to the provisions of §6-9A-1 et seq. of this code.
(b) The purpose of the cold case task force is the investigation and prosecution of offenders in cold cases, as that term is defined in §15A-12-9 of this code: Provided, That nothing in this section shall be construed as authorizing the cold case task force to supersede the ongoing investigations of any other law-enforcement agency.
(c) The executive board shall provide recommendations on procedures to effectuate the purposes of this section, including, but not limited to, the number of law-enforcement officers assigned to the cold case task force.
(d) Subject to available funds, the Task Force Director shall be the head of the cold case task force and shall be selected by the Superintendent of the State of Police from the membership of the State Police. The remaining membership of the cold case task force shall be designated by the Superintendent of the State Police, subject to available funds, and may include retired state police as volunteers or part-time employees, subject to available funds.
(e) The Task Force Director shall:
(1) Supervise the members of the State Police assigned to the cold case task force;
(2) Request assistance and cooperation of any West Virginia law-enforcement agency pursuant to the provisions of §15-10-4 of this code to assist the cold case task force’s establishment or operation if necessary: Provided, That the Task Force Director may provide the opportunity to participate in the cold case task force to any law-enforcement officer from the agency originally investigating the cold case, as directed by the administrator from the agency originally investigating the cold case;
(3) Coordinate and cooperate with any other federal or state law-enforcement agencies;
(4) Establish policies and procedures for the operation of the cold case task force and ensure compliance;
(5) Manage and coordinate the day-to-day operations of the cold case task force established under the provisions of this section; and
(6) Perform other duties as may be required to effectuate the purposes of this section.
(f) The Cold Case Task Force Fund is created within the Treasury. The fund shall be administered by the Superintendent of the State Police and shall consist of all moneys made available for the operations of the cold case task force from any source, including, but not limited to, all fees, gifts, grants, bequests, or transfers from any source, any moneys that may be appropriated and designated for the cold case task force by the Legislature and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the operations of the cold case task force and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code: Provided, That for the fiscal year ending June 30, 2027, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature.
(g) The Director of the West Virginia Fusion Center shall cooperate with the executive board to the fullest extent practicable to provide information necessary to accomplish the mission of the cold case task force and shall make available any information contained in the cold case database established in §15A-12-9 of this code.
Adopted
Rejected