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Introduced Version - Originating in Committee Senate Concurrent Resolution 52 History

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SENATE CONCURRENT RESOLUTION NO. 52

(By Senators Kessler, Browning, Foster, Jenkins, Laird, Minard, Palumbo, Snyder, Stollings, Williams, Yost, Barnes and Deem)

[Originating in the Committee on the Judiciary]


Requesting the Joint Committee on the Judiciary to study the need to designate the State Police Crimes Against Children unit as the entity charged with issuing administrative subpoenas for child pornography investigations in order to connect an IP address to a physical location which can be further investigated in order to obtain a search warrant or an arrest warrant.

Whereas, viewing child pornography and soliciting minors via the internet is a growing problem in West Virginia; and
Whereas, the State Police Crimes Against Children unit monitors the internet usage in West Virginia in an attempt to protect children from harm; and
Whereas, monitoring internet usage allows the State Police to recover certain IP addresses of computers that are viewing or transmitting child pornography or involved in the solicitation of minors; and
Whereas, the State Police do not have the ability to connect an IP address to a physical location without assistance from an Internet Service Provider; and
Whereas, the current process requires the State Police to obtain a subpoena from a court before the Internet Service Provider will provide the physical location to the State Police or utilize federal statutes; and
Whereas, the additional time required to obtain the subpoena from a court may cause a delay during the time, namely the first hour, when most abducted children are killed by their abductor; and
Whereas, the Internet Service Providers are already cooperating with federal law enforcement through similar subpoenas; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the process currently used to investigate child pornography and other child-related internet crimes, as well as how the additional tool of an administrative subpoena by the State Police will effect that process; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.
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