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Introduced Version House Bill 2613 History

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