Senate Bill No. 49
(By Senator Mitchell)
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[Introduced January 9, 2002; 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 are 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 is
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.