H. B. 4456


(By Delegate Given)
[Introduced February 17, 1998; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact section nine, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to investigations of ethics or criminal complaints against elected or appointed public officials; and the appointment of a special nonresident prosecutor in cases of criminal complaints against elected or appointed public officials.

Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES.

ยง6B-2-9. Special prosecutor authorized.

(a) If the ethics commission finds as the result of an investigation of a complaint that a pattern of ethics violations or criminal violations under this chapter or under article five- a, chapter sixty-one of this code, exists in a state, county or covered municipal government, county school board or one of their respective departments, agencies, boards or commissions, and also finds that the prosecuting attorney of the county in which the violation occurred is, for some reason, unable or unwilling to take appropriate action, the chairman of the ethics commission may, upon a two-thirds vote of the members of the ethics commission, petition the appropriate circuit court for the appointment of a special prosecutor for the purpose of conducting an investigation to determine whether a violation of the criminal law of this state has occurred the chairman of the ethics commission shall petition the appropriate circuit court for the appointment of a special prosecutor from outside the state for the investigation of a complaint that a pattern of criminal violations under this chapter or under article five-a, chapter sixty-one of this code exists in a state, county or covered municipal government, county school board or one of their respective departments, agencies, boards or commissions. The circuit court shall appoint a special prosecutor, under guidelines for the admission of nonresidents to practice law in this state and based upon the recommendations of the prosecuting attorney of the county in which the investigation is being conducted, as to the qualifications of the special prosecutor.
(b) A special prosecutor shall have the same authority as a county prosecutor to investigate and prosecute persons subject to this act for criminal violations committed in connection with their public office or employment which constitute felonies.
(c) The ethics committee shall be authorized to employ and assign the necessary professional and clerical staff to assist any such special prosecutor in the performance of his or her duties and to pay and to set the compensation to be paid to a special prosecutor in an amount not to exceed seventy-five dollars per hour up to a maximum of fifty thousand dollars per annum.
(d) The special prosecutor shall be empowered to make a presentment to any regularly or specially impaneled grand jury in the appointing circuit court. The special prosecutor shall be empowered to prosecute any person indicted by such grand jury.



NOTE: The purpose of this bill is to require the appointment of a special prosecutor, who is not a resident of West Virginia, in cases of criminal violations of elected or appointed public officials.

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