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Introduced Version Senate Bill 109 History

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


Senate Bill No. 109

(By Senator Mitchell)

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[Introduced February 15, 2001; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend article eleven-a, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to establishing the position of victim advocate to work under the supervision of the county prosecuting attorney.

Be it enacted by the Legislature of West Virginia:
That article eleven-a, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.
§61-11A-9. Accountability of victim advocate to the prosecuting attorney.

The prosecuting attorney of each county may in accordance with and limited by the provisions of section seven, article seven, chapter seven of the code of West Virginia, appoint victim advocates to assist in the discharge of his or her official duties during his or her term of office. Any victim advocate so appointed shall serve under the direction and at the will and pleasure of the prosecuting attorney. All actions of the victim advocate shall be imputed to the office of the prosecuting attorney and are subject to the same judicial supervision as the prosecutor; and, all work product of the victim advocate shall be considered to be the work product of the prosecuting attorney as if the work has been performed by the prosecuting attorney individually: Provided, That nothing contained in this section may be construed to affect the prosecuting attorney's obligation to disclose exculpatory matters to the defendant.


NOTE: The purpose of this bill is to establish the position of victim advocate.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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