Senate Bill No. 517
(By Senators Jones, Plymale, Humphreys,
Wooton and Whitlow)
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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend article four, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section four,
relating to establishing a prosecutor's advisory council;
providing for meetings, chairman, responsibilities and
expenses of the council; requiring prosecuting attorneys to
participate in certain multidisciplinary team programs
dealing with sexual abuse and sexual assault; and providing
for personnel to assist victims of crime.
Be it enacted by the Legislature of West Virginia:
That article four, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four,
to read as follows:
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-4. Prosecutors advisory council; victim advocates;
participation in multidisciplinary teams; data collection.
There is hereby created the prosecutor's advisory council
composed of elected prosecuting attorneys of each county of this
state. The prosecutor's advisory council shall conduct an
initial meeting of all members not less than one month after the
month of July, one thousand nine hundred ninety-four, in the
chamber of the House of Delegates or other meeting place in the
city of Charleston, West Virginia. The council shall meet not
less than one time each fiscal year. At the initial meeting of
the council, the council shall elect from among its membership,
a chairman of the council who shall set the agenda for the
conduct of meetings and shall appoint necessary committees and
direct the work of the council in carrying out its duties under
the provisions of this section. The council shall provide
advice, assistance and leadership to county prosecuting attorneys
in prosecuting crimes involving sexual abuse and sexual assaults.
The council shall pursue funds and programs to provide each
prosecuting attorney's office with a staff person to assist crime
victims to obtain services and assistance from other agencies and
programs in the community. Prosecuting attorneys shall be
reimbursed by the county commission of each county for all
expenses necessary and actually incurred in attending the
meetings of the council.
The council may apply for and receive funds from any grant
program of any agency or institution of the United States, public
or private, in carrying out the purposes of this section. Thecouncil shall collect and disseminate data on the number of
sexual abuse and sexual assault complaints filed in the state,
the number of repeat perpetrators and the number of cases filed
against perpetrators of sexual abuse or sexual assaults in this
state. The data shall be made available to various state and
local agencies involved in providing services to victims of
sexual assault and sexual abuse.
Every elected prosecuting attorney in this state shall
participate in local multidisciplinary teams or task forces
dealing with sexual abuse and sexual assaults and shall provide
the teams and task forces with data necessary to determine the
extent of sexual abuse and sexual assault crimes in their
communities.
NOTE: The purpose of this bill is to establish a
prosecutor's advisory council to provide assistance to
prosecutors and others in dealing with victims of sexual abuse
and sexual assault. The bill provides that prosecuting attorneys
are to participate in community multidisciplinary teams and to
submit data to agencies requesting the information.
This section is new; therefore, strike-throughs and
underscoring have been omitted.