H. B. 2269
(By Delegate Blair)
[Introduced January 17, 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 §30-29-11, relating
to prohibiting law-enforcement officers from asking crime
victims if they have insurance coverage to cover losses
occasioned by the criminal activity being investigated; and,
excluding the provisions of the section in the event
reasonable suspicion exists that a crime has been staged or
falsely reported.
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 §30-29-11, to read as
follows:
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-11. Prohibition against asking crime victims about
insurance coverage.
(a) The Legislature finds as follows:
(1) In most cases, whether a crime victim has insurance
coverage to cover losses suffered by criminal activity has no
bearing on law-enforcement's ability to investigate and apprehend
perpetrators of crime;
(2) When police approach victims of crime during a criminal
investigation, the question of insurance coverage simply
exacerbates a victim's feelings of violation;
(3) When a law-enforcement officer asks whether insurance
coverage exists, the victim's frustration is compounded and, in
many cases, this question merely reinforces the perception that law
enforcement and the judicial system are unable to dispense justice,
while detracting from the investigation's primary focus of
apprehension of the responsible criminals; and
(4) Without knowledge of whether a crime victim may be
compensated for his or her loss, law-enforcement will have greater
motivation to actively pursue offending criminals. Accordingly,
law enforcement should have a higher degree of success at solving
crimes, which in turn should lower insurance costs. Therefore,
law-enforcement's inquiry concerning whether crime victims have
insurance during the investigatory process is, in most cases,
contrary to public policy and should be discouraged.
(b) For purposes of this section:
(1) The term "law-enforcement officer" means any duly authorized member of a law-enforcement agency who is authorized to
maintain public peace and order, prevent and detect crime, make
arrests and enforce the laws of the state or any county or
municipality thereof.
(2) The term "municipality" means any incorporated town or
city whose boundaries lie within the geographic boundaries of the
state.
(3) The term "state and local law-enforcement agencies" means
any duly authorized state, county or municipal organization
employing one or more persons whose responsibility is the
enforcement of laws of the state or any county or municipality
thereof.
(c) No law-enforcement officer may ask any crime victim during
any phase of a criminal investigation if they have insurance
coverage to cover any loss occasioned by the criminal activity
being investigated with the exception of those circumstances set
forth in subsection (e) of this section.
(d) All state and local law-enforcement agencies shall
establish and maintain policies and procedures designed to prevent
law-enforcement officers from inquiring of crime victims if they
have insurance coverage for losses occasioned by criminal activity
during any phase of a criminal investigation except if
circumstances exist as enumerated under subsection (e) of this
section. Policies and procedures shall include any other policies and procedures considered necessary by state and local
law-enforcement agencies to prevent their officers from asking
crime victims if they have insurance coverage to cover losses
occasioned by criminal activity during the investigation of the
criminal activity.
(e) The provisions of this section do not apply in the event
reasonable suspicion exists to suspect a crime may have been
staged, or otherwise falsely reported.
NOTE: The purpose of this bill is to prohibit law-enforcement
officers from asking crime victims if they have insurance coverage
to cover losses occasioned by criminal activity. The rationale for
the proposal is that law enforcement have less incentive to solve
crimes and recover lost property when they believe insurance
coverage exists to compensate a victim. The bill excludes criminal
investigations in which law-enforcement officers have reasonable
suspicion to believe that a crime has been staged or falsely
reported.
This section is new; therefore, strike-throughs and
underscoring have been omitted.