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Introduced Version House Bill 3315 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3315


(By Delegate Reynolds)

[Introduced March 23, 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 §52-2-15, relating to members of the media not being compelled to give testimony before a grand jury provided certain conditions are met.

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 §52-2-15, to read as follows:

ARTICLE 2. GRAND JURIES.

§52-2-15. Media personnel, compulsion of testimony or production of evidence; search of media persons' papers, effects or premises.
(a) No person connected with, employed by or engaged in any medium of communication to the public may be required to give testimony or provide evidence before a grand jury concerning: (1) The source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public; or (2) any unpublished information obtained or prepared by the person in the course of gathering, receiving or processing information for any medium of communication to the public.
(b) No papers, effects or home or work premises of a person connected with, employed by or engaged in any medium of communication to the public is subject to a search for grand jury purposes. The provisions of this subsection do not apply where probable cause exists to believe that the person has committed, is committing or is about to commit a crime.


NOTE: The purpose of this bill is to prohibit members of the media from being compelled to give testimony, or be subject to search, before a grand jury provided certain conditions are met.

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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