H. B. 4148
(By Delegates Doyle, Mahan, Perdue and Hatfield)
[Introduced January 21, 2010; 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 §57-3-10, relating to
prohibiting members of the news media from being compelled to
give testimony in any civil, criminal or grand jury
proceedings; and providing exceptions.
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 §57-3-10, to read as
follows:
ARTICLE 3. COMPETENCY OF WITNESSES.
§57-3-10. News media personnel sources for communication to the
public not subject to being compelled as testimony;
exception.
Persons connected with, employed by a news communication media
or engaged in any news media communication to the public may not be compelled to testify in any civil, criminal or grand jury
proceedings in any court in this state concerning:
(1) The source of any published or unpublished information
obtained by the person in the course of gathering, receiving or
processing information for any news media communication to the
public; or
(2) Any unpublished information obtained or prepared by the
person in the course of gathering, receiving or processing
information for any news media communication to the public, without
the consent of the person or persons providing the information
relied upon for any news media communication to the public.
NOTE: The purpose of this bill is to prohibit members of the
news media from being compelled to give testimony in any court in
the state relating to the source of information in the public
communication, without the consent of the person or persons
providing the information relied upon for the public communication.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.