HB204 H JUD AMT 2-20 #1
H. B. 204 -- "A Bill to amend and reenact §62-1D-3 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new article, designated §62-1F-1, §62-1F-2, §62-
1F-3, §62-1F-4, §62-1F-5, §62-1F-6, §62-1F-7
, §62-1F-8
and §62-1F-
9, all relating to electronic interception of a non-consenting
party's conduct or oral communications in his or her home by an
investigative or law enforcement officer or an informant invited
into said home; excepting electronic interceptions occurring in a
home from the wiretapping and electronic surveillance act;
providing definitions; requiring court order to perform electronic
interception in a home and exceptions thereto; providing for state
supreme court to establish requirements for providing after hours
availability of magistrates and judges; authorizing law-enforcement
to apply for interception orders and providing criteria therefore;
authorizing magistrates and circuit court judges to issue
electronic interception orders; setting forth requirements for
electronic interception order applications; requiring orders
setting forth information; setting forth scope and duration of
orders; setting forth procedures for maintaining, disclosing and
disposing of electronic intercepts; requiring recording and notes
of electronic intercepts; establishing requirements for custody and
destruction of said recordings; placing applications and orders
under seal; authorizing use of information relating to other
criminal violations; placing restrictions on disclosure and use of electronically intercepted conduct and communications and related
information derived therefrom; and providing for electronic
intercepts in exigent circumstances without prior judicial approval
subject to retroactive approval.
"