H. B. 3124
(By Delegates Sobonya, Longstreth,
Stephens, Moore, Rowan, Morgan,
C. Miller, Craig and Reynolds)
[Introduced February 19, 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 §61-8D-1a, relating
to prohibiting any law enforcement or other official from
interfering in the service of a warrant in child abuse
investigations; and providing a penalty for violations
including dismissal or forfeiture of office.
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 §61-8D-1a, to read as
follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-1a. Interference or obstruction of police officer in
service of warrant by superior officer.
When a law-enforcement officer obtains a warrant for the
arrest of a person on any charge of child abuse, neglect, sexual
assault, sexual abuse, or any other crime against a child as
provided in this code, it is unlawful for the police officer's
superior officer or other official to interfere in the execution of the warrant by the police officer or any other officer. Any person
violating the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than five
hundred dollars nor more than one thousand dollars and
notwithstanding any other provision of law, shall be forthwith
dismissed from the police force or other appointed public office:
Provided, That an elected official convicted of a violation of this
section shall forfeit his or her elected office.
NOTE: The purpose of this bill is to prohibit any law
enforcement or other official from interfering in the service of a
warrant in child abuse investigations and to provide a penalty for
violations including dismissal or forfeiture of office.
This section is new; therefore, strike-throughs and
underscoring have been omitted.