Bill Text: WV HB4502 | 2018 | Regular Session | Enrolled
Bill Title: Adding the crimes of murder and armed robbery to the list of offenses for which a prosecutor may apply for an order authorizing interception
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2018-04-17 - Chapter 64, Acts, Regular Session, 2018 [HB4502 Detail]
Download: West_Virginia-2018-HB4502-Enrolled.html
WEST virginia legislature
2018 regular session
ENROLLED
Committee Substitute
for
House Bill 4502
By Delegates Barrett, Kessinger, Moore, Sobonya, R. Miller, Lovejoy, Canestraro and Harshbarger
[Passed March 7, 2018; in effect ninety days from passage.]
AN ACT to amend and reenact §62-1D-8 of the Code of West Virginia, as amended, relating to including treason, murder, certain degrees of robbery, certain felony sexual offenses, and organized criminal activity to the list of offenses for which a prosecutor may apply for an order authorizing interception of communications.
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 §62-1D-7 of this code and the 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: (1) 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 of this code; (2) any offense included and prohibited by §25-4-11 of said code, §61-5-8, §61-5-9 and §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; (3) felony violations of §60A-1-101 et seq. of this code; (4) violations of §61-14-1 et seq. of this code; (5) violations of §61-2-1 of this code; (6) violations of §61-2-12 of this code; (7) felony violations of §61-8B-1 et seq. of this code; (8) violations of §61-1-1 of this code; (9) violations of §61-13-3 of this code; or (10) any aider or abettor to any of the offenses referenced in this section or any conspiracy to commit any of the offenses referenced in this section if any aider, abettor, or conspirator is a party to the communication to be intercepted.
