H. B. 4310
(By Delegate Reynolds)
[Introduced February 3, 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 §52-2-15, relating to
members of the media not being compelled to give testimony
before a grand jury provided certain conditions are met.
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 §52-2-15, to read as
follows:
ARTICLE 2. GRAND JURIES.
§52-2-15. Media personnel, compulsion of testimony or production
of evidence; search of media persons' papers, effects
or premises.
(a) No person connected with, employed by or engaged in any
medium of communication to the public may be required to give
testimony or provide evidence before a grand jury concerning: (1) The source of any published or unpublished information obtained by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 medium of 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any unpublished information obtained or prepared by the person in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 medium of communication to the public.
(b) No papers, effects or home or work premises of a person
connected with, employed by or engaged in any medium of
communication to the public is subject to a search for grand jury
purposes. The provisions of this subsection do not apply where
probable cause exists to believe that the person has committed, is
committing or is about to commit a crime.
NOTE: The purpose of this bill is to prohibit members of the
media from being compelled to give testimony, or be subject to
search, before a grand jury provided certain conditions are met.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.