H. B. 4434


(By Delegates Trump, Ashley and Staton)
[Introduced February 13, 1998; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section eight, article one-d, chapter sixty-two of the code of West Virginia, one thousand nine hundred and thirty-one, as amended, relating generally to adding to the offenses for which applications may be made for an order authorizing the interception of wire, oral or electronic communications by a law enforcement officer.

Be it enacted by the Legislature of West Virginia:
That section eight, article one-d, chapter sixty-two of the code of West Virginia, one thousand nine hundred and thirty-one, as amended , be amended and reenacted to read as follows:
ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.
§62-1D-8. County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.

The prosecuting attorney of any county or duly appointed special prosecutor may apply to one of the designated circuit judges referred to in section seven of this article and such judge, in accordance with the provisions of this article, may grant an order authorizing the interception of wire, oral or electronic communications by an officer of the investigative or law-enforcement agency when the prosecuting attorney or special prosecutor has shown reasonable cause to believe the interception would provide evidence of the commission of: (i) Kidnapping or abduction as defined and prohibited by the provisions of sections fourteen and fourteen-a, article two, chapter sixty-one of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of section fourteen-c of said article two; or (ii) of any offense included and prohibited by section eleven, article four, chapter twenty-five of said code, sections eight, nine and ten, article five, chapter sixty-one of said code or section one, article eight, chapter sixty-two of said code to the extent that any of said sections provide for offenses punishable as a felony; or (iii) dealing, transferring or trafficking in any controlled substance or substances in the felonious violation of chapter sixty-a of this code; or (iv) murder of the first degree as defined in section one, article two, chapter sixty-one of this code; or (v) any offense set forth in section twenty-seven, article five, of chapter sixty-one of this code; or (vi) any aider or abettor to any of the foregoing offenses or any conspiracy to commit any of the foregoing offenses if any aider, abettor or conspirator is a party to the communication to be intercepted.




NOTE: The purpose of this bill is to add murder in the first degree and obstructing the administration of justice as offenses for which a prosecuting attorney may apply for permission to wiretap.

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