Bill Text: WV SB567 | 2018 | Regular Session | Introduced
Bill Title: Including treason, murder, armed robbery, and organized crimes for which communications can be intercepted
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-02-28 - To House Judiciary [SB567 Detail]
Download: West_Virginia-2018-SB567-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
Senate Bill 567
By Senator Weld
[Introduced February 16,
2018; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §62-1D-8 of the Code of West Virginia, 1931, as amended, relating to including treason, murder, armed robbery, and organized crime to the list of crimes for which a prosecutor can apply for 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 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 §61-2-14 and §61-2-14(a)
of this code and including threats to kidnap or demand ransom as defined and
prohibited by the provisions of §61-2-14(c); (ii) of any offense included and
prohibited by § 25-4-11 of this code, §61-5-8 through §61-5-10 of this code, or
§62-8-1 of this 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 §60A-1-1 et
seq. of this code; (iv) of any offense included and prohibited by §61-14-1 et
seq. 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; (vi) treason as defined in §61-1-1 of this code; (vii) murder
as defined in §61-2-1 of this code; (viii) armed robbery as defined in
§61-2-12(a) of this code; or (ix) organized crime as defined in §61-13-2 of
this code.
NOTE: The purpose of this bill is to add treason, murder, armed robbery, and organized crimes to the list of crimes wherein communications can be intercepted.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.