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.