H. B. 3087

Committee on the Judiciary.]

A BILL to amend article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to the protection of constitutional civil rights of the First Amendment of the United States Constitution and Article One of the West Virginia Constitution from law enforcement surveillance tactics where criminal behavior is not evident .

Be it enacted by the Legislature of West Virginia:
That article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted by adding thereto a new section, designated section ten, to read as follows:

§30-29-10. Prohibition of Unconstitutional Surveillance
(a) The Legislature finds that the use by a law-enforcement officer or state or local law enforcement agencies, of surveillance tactics on individuals or groups of individuals based on their participation in activities protected by the First Amendment of the United States Constitution and Article One of the West Virginia Constitution, such as political advocacy or the practice of a religion, without particularized suspicion of criminal activity unrelated to the activity protected by the First Amendment of the United States Constitution and Article One of the West Virginia Constitution, is prohibited. The reality or public perception of infringing upon the Constitutional rights of any group of people, alienates people from police, hinders community policing efforts, and causes law-enforcement officers and state and local law-enforcement agencies to lose credibility and trust among the people law-enforcement is sworn to protect and serve. Therefore, the West Virginia Legislature declares that surveillance of individuals or groups of individuals in a manner that violates their constitutional rights, is contrary to both public policy and the law, and should not be used as a law-enforcement investigative tactic.
(b) For purposes of this section:
(1) The term "law-enforcement officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof.
(2) The term "state and local law-enforcement agencies" means any duly authorized state, county or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof.
(c) No law-enforcement officer shall engage in surveillance of individuals or groups of individuals based on their participation in activities protected by the First Amendment of the United States Constitution and Article One of the West Virginia Constitution, such as political advocacy or the practice of a religion, without particularized suspicion of a criminal activity unrelated to the activity protected by the First Amendment of the United States Constitution and Article One of the West Virginia Constitution.

Note: The purpose of this bill is to prohibit law enforcement agencies and officers from the use of surveillance tactics that violate an individuals constitutional rights.

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