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Introduced Version Senate Bill 270 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 270

(By Senator Kessler and Mitchell)

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[Introduced January 21, 2002; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact section two, article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting investigators to accept other employment with approval of county commission.

Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.

§7-4-2. Rewards for apprehension of persons charged with crime and expenditure of money for detection of crime; appointment of investigators of crime.

The prosecuting attorney of any county, with the approval of the county commission, or of the governor, or of the court of the county vested with authority to try criminal offenses, or of the judge thereof in vacation, may, within his or her discretion, offer rewards for the apprehension of persons charged with crime, or may expend money for the detection of crime. Any money expended under this section shall, when approved by the prosecuting attorney, be paid out of the county fund, in the same manner as other county expenses are paid: Provided, That the prosecuting attorneys of the several counties of the state may, with the approval of the county commissions of their respective counties, entered of record, appoint to assist them in the discharge of their official duties, trained and qualified full-time or part-time investigators of crime. Such Full-time investigators shall accept no other public employment or employment in a private police or investigative capacity during the term of their appointment without prior approval of the county commission. and They shall be paid such salary and expenses as may be fixed by the county commission. Such The expenses shall be itemized and sworn to by the investigator upon presentation to the county commission.
Notwithstanding any other provision of this code to the contrary, the prosecuting attorney of any county, with the consent of the judge of the court of competent jurisdiction and the county commission, may appoint an investigator of crime who need not be a resident of this state.



NOTE:
The purpose of this bill is to permit an investigator employed full time by a prosecuting attorney to perform work for other public or private entities with the approval of the county commission.

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