Senate Bill No. 654
(By Senator Jenkins)
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[Introduced February 20, 2006; referred to the Committee
on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §62-1-1a, relating to
the temporary detention of criminal suspects by
law-enforcement officers to inquire on commission of a crime
where probable cause appears to exist.
Be it enacted by the Legislature of West Virginia:
That §62-1-1a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PRELIMINARY PROCEDURE.
§62-1-1a. Temporary detention by law-enforcement officer of
person suspected of criminal behavior or violating
conditions of parole or probation; limitations.
Notwithstanding any provision in this chapter to the contrary,
at any time after the onset of detention of a person by a law
enforcement officer where there appears to be reasonable suspicion
that the individual may have been involved in the commission of a
criminal act, the person may be detained. If after inquiry into the circumstances which prompted the detention, no probable cause
for arrest appears, the person being detained shall be released.
NOTE: The purpose of this bill is to authorize and clarify
that law-enforcement officers may detain persons suspected of
commission of a crime where probable cause appears to exist in
order to conduct an inquiry. After an inquiry occurs and no
probable cause exists, the person being detained must be released.
§62-1-1a is new; therefore, strike-throughs and underscoring
have been omitted.