
ENROLLED
Senate Bill No. 267
(By Senators Mitchell and Kessler)
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[Passed March 9, 2002; in effect ninety days from passage.]





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AN ACT to amend and reenact section two, article four, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to allowing county
prosecuting attorneys' investigators
to hold other employment
with the permission of the county prosecuting attorney and
county commission.
Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-2. Rewards for apprehension of persons charged with crime and
expenditure of money for detection of crime; appointment
of investigators of crime.
The prosecuting attorney of any county, with the approval of
the county commission, or of the governor, or of the court of the county vested with authority to try criminal offenses, or of the
judge thereof in vacation, may, within his discretion, offer
rewards for the apprehension of persons charged with crime, or may
expend money for the detection of crime. Any money expended under
this section shall, when approved by the prosecuting attorney, be
paid out of the county fund, in the same manner as other county
expenses are paid: Provided, That the prosecuting attorneys of the
several counties of the state may, with the approval of the county
commissions of their respective counties, entered of record,
appoint to assist them in the discharge of their official duties,
trained and qualified full-time or part-time investigators of
crime. Such full-time investigators shall accept no other public
employment or employment in a private police or investigative
capacity during the term of their appointment without prior
approval of the county commission and county prosecuting attorney
and shall be paid such salary and expenses as may be fixed by the
county commission. Such expenses shall be itemized and sworn to by
the investigator upon presentation to the county commission.
Notwithstanding any other provision of this code to the
contrary, the prosecuting attorney of any county, with the consent
of the judge of the court of competent jurisdiction and the county
commission, may appoint an investigator of crime who need not be a
resident of this state.