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. "