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SB492 SUB1 Senate Bill 492 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 492

(By Senator White)

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[Originating in the Committee on the Judiciary;

reported February 30, 2008.]

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A BILL to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to eliminating part-time prosecutors; authorizing an increase in salary for a part-time prosecutor who becomes a full-time prosecutor; and allowing counties an opt-out provision.

Be it enacted by the Legislature of West Virginia:
That §7-7-4a the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-4a. Authorizing the option of full-time status for part-time prosecuting attorneys.

Notwithstanding any provision of this code to the contrary, in any county which has a part-time prosecuting attorney the county commission may, on the request of the prosecuting attorney, find that such facts and circumstances exist that require the prosecuting attorney to devote full time to his or her public duties. If the county commission makes such a finding, by proper order adopted and entered, it shall require the prosecuting attorney to devote full time to his or her public duties and the county commission shall then compensate the prosecuting attorney at the same rate of compensation established for a prosecuting attorney in a Class V county: Provided, That nothing contained herein may be interpreted to affect the status of a prosecuting attorney who has heretofore, by proper order so entered, become full time.
(a) Notwithstanding the provisions of sections four or four-a of this article to the contrary, on or before the first day of January, two thousand nine, no county may have a part-time prosecutor. The county commissions of counties in class VI through X shall then compensate all prosecuting attorneys that have changed to full-time by virtue of this section at the same rate of compensation established for a prosecuting attorney in a class V county: Provided, That, upon mutual agreement of the prosecuting attorney and the county commission, the prosecuting attorney may choose to remain a part-time prosecuting attorney.
(b) If, during the course of a term of office, any prosecutor that became full-time, or chose to remain part-time, by virtue of sub-paragraph (a) believes that the responsibilities of his or her office either no longer require a full-time position or then require a full-time position ,then such prosecutor, by mutual agreement with the county commission may either return to part-time status or change to full-time status:
Provided, That, if the decision to change to full-time or part-time status is made during an election year, such decision must be by mutual agreement between the county commission and the prosecutor elect: Provided, however, That any prosecutor that returns to part-time status shall, thereafter, be compensated at the rate of compensation set forth in this code for a prosecuting attorney of his or her class county and any prosecutor that changes to full-time status shall, thereafter, be compensated at the same rate of compensation established for a prosecuting attorney in a class V county.

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NOTE: The purpose of this bill is to eliminate part-time prosecutors by 2009 unless prior thereto the county commission and prosecuting attorney opt that the position remain part-time; and authorizing an increase in salary for a part-time prosecutor that becomes full-time. There is also opt-back language.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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