H. B. 2613
(By Delegates Sobonya, Longstreth, Stephens,
Rowan, Morgan, C. Miller and Reynolds)
[Introduced February 18, 2009; 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 §61-8D-1a, relating
to prohibiting any law enforcement or other official from
interfering in the service of a warrant in child abuse
investigations; and providing a penalty for violations
including dismissal or forfeiture of office.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-8D-1a, to read as
follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-1a. Interference or obstruction of police officer in
service of warrant by superior officer.
When a law-enforcement officer obtains a warrant for the
arrest of a person on any charge of child abuse, neglect, sexual assault, sexual abuse, or any other crime against a child as
provided in this code, it is unlawful for the police officer's
superior officer or other official to interfere in the execution of
the warrant by the police officer or any other officer. Any person
violating the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $500 nor
more than $1,000 and notwithstanding any other provision of law,
shall be forthwith dismissed from the police force or other
appointed public office: Provided, That an elected official
convicted of a violation of this section shall forfeit his or her
elected office.
NOTE: The purpose of this bill is to prohibit any law
enforcement or other official from interfering in the service of a
warrant in child abuse investigations and to provide a penalty for
violations including dismissal or forfeiture of office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.