ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 412

(By Senators Wooton and Chafin)

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[Originating in the Committee on the Judiciary;

reported March 9, 2001.]

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A BILL to amend article six, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve, relating to local emergency telephone systems; providing for the confidentiality of calls received by a county answering point; and retention of records of calls.

Be it enacted by the Legislature of West Virginia:
That article six, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-12. Confidentiality of calls to county answering points and records; retention of records.

(a) All calls for emergency service which are recorded electronically, in writing or in any other form shall be kept confidential by the county answering point receiving the call and may only be released pursuant to an order entered by a court of competent jurisdiction or valid subpoena requiring the release of the information: Provided, That nothing contained in this section may be construed as preventing the county answering point from releasing information to a responding agency as may be necessary for that agency's response on a call or the completion of necessary reports relating to that call.
(b) All calls for emergency service which are recorded electronically, in writing or in any other form shall be maintained for a period of at least ninety days, or longer as required by an order entered by a court of competent jurisdiction or a valid subpoena.
(c) A county answering point may release information to bonafide law-enforcement agencies, the prosecuting attorney of a county or a United States attorney pursuant to a lawful criminal investigation. However, nothing in this article may be construed as prohibiting a request under chapter twenty-nine-b of this code for information relating to the operation of the center.
(d) Nothing in this article requires disclosure of any information that is specifically exempt from disclosure by statute or records generated in relation to contacting tow service providers.