WEST virginia Legislature

2016 regular session

Introduced

House Bill 4456

By Delegates Skinner Manchin

[Introduced February 9, 2016; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §7-4-1 and §7-4-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §7-4-7, all relating to establishing the prosecuting attorney Modernization Act; eliminating gendered language referring to prosecuting attorneys; clarifying the duties of the prosecuting attorney; and codifying qualifications for the position of prosecuting attorney.

Be it enacted by the Legislature of West Virginia:

That §7-4-1 and §7-4-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §7-4-7, all to read as follows:

ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.

§7-4-1. Duties of prosecuting attorney; further duties upon request of Attorney General.

(a) It shall be is the duty of the prosecuting attorney to attend to the criminal business of the state in the county in which he the prosecuting attorney is elected seated and qualified. Qualifications for the office of prosecuting attorney are set forth in section seven of this article. and When he the prosecuting attorney has information of the violation of any penal law committed within such the county in which he or she serves, he the prosecuting attorney shall institute and prosecute all necessary and proper proceedings against the offender, and may in such case issue or cause to be issued a summons for any material witness. he may deem material Every public officer shall give him the prosecuting attorney information of the violation of any penal law committed within his the county in which the prosecuting attorney serves. For the purpose of instituting and maintaining effective criminal justice policy, the prosecuting attorney shall work with, and maintain communication with, state and local public officials, state and local law- enforcement organizations, and community organizations.

(b) In addition to duties set forth in subsection (a) of this section, it shall also be is also the duty of the prosecuting attorney to:

(1) Attend to civil suits in such county in which the state, or any department, commission or board thereof, is interested, and to advise, attend to, bring, prosecute or defend, as the case may be, all matters, actions, suits and proceedings in which such county or any county board of education is interested;

(2) It shall be the duty of the prosecuting attorney to Keep his the office open in the charge of a responsible person during the hours polls are open on general, primary and special county-wide election days, and the prosecuting attorney, or his assistant prosecuting attorney, if any, shall be available for the purpose of advising election officials;

(3) It shall be the further duty of the prosecuting attorney When requested by the Attorney General, to perform or to assist the Attorney General in performing, in the county in which he the prosecuting attorney is elected, any legal duties required to be performed by the Attorney General, and which are not inconsistent with the duties of the prosecuting attorney as the legal representative of such the county;

(4) It shall also be the duty of the prosecuting attorney, When requested by the Attorney General, to perform or to assist the Attorney General in performing, any legal duties required to be performed by the Attorney General, in any county other than that in which such the prosecuting attorney is elected seated, and for the performance of any such duties in any county other than that in which such the prosecuting attorney is elected he the prosecuting attorney shall be paid his or her actual expenses; and

(5) Upon the request of the Attorney General, the prosecuting attorney shall make a written report of the state and condition of the several causes in which the state is a party, pending in his the county in which the prosecuting attorney serves, and upon any matters referred to him the prosecuting attorney by the Attorney General as provided by law.

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

(a) 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 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 county prosecuting attorney and shall be paid such salary and expenses as may be fixed by the county commission. Such expenses shall be itemized and sworn to by the investigator upon presentation to the county commission.

(b) 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.

§7-4-7.  Qualifications of the prosecuting attorney.

Beginning January 1, 2017, all prosecuting attorneys, at the time of taking office, and throughout the term of service shall:

(1) Be at least 18 years of age;

(2) Be a member in good standing with the West Virginia State Bar; and

(3) Be a resident of, and domiciled in the State of West Virginia, and if serving in a Class I, II, III, or IV county, as defined under section three, article seven, of this chapter, be a resident of, and domiciled in, the county where the office is held.

NOTE: The purpose of this bill is to modernize the gendered references to the prosecuting attorney and sets forth the qualifications to be prosecuting attorney.

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