H. B. 3083
(By Delegate Carmichael (By Request))
[Introduced February 15, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §57-5-2a, relating to
allowing the prosecutor to display the photograph of a murder
victim during the trial of an accused if requested to do so by
the family of the murdered victim
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §57-5-2a, to read as
follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§57-5-2a. Victim photograph in murder prosecutions.
In the prosecution of a murder case, if requested by the
family of the murder victim, the prosecutor may display a
photograph of the murdered victim during the prosecution, an appeal
hearing, a sentencing hearing, a probation hearing or a parole
hearing: Provided, That the photograph is eight inches by ten
inches or less.
NOTE: The purpose of this bill is to allow the prosecutor to
display the photograph of a murder victim during the trial of an
accused if requested to do so by the family of the murdered victim.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.