SB 567 — Including treason, murder, armed robbery, and organized crimes for which communications can be intercepted

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 567 By Senator Weld [Introduced[Originating Februaryin 16,the 2018;Committee on the Judiciary;

ReferredReported toon theFebruary Committee23, on2018] the  Judiciary]   A BILL to amend and reenact §62-1D-8 of the Code of West Virginia, 1931, as amended, relating to including treason, murder, armedcertain degrees of robbery, and organized crime to the list of crimes for which a prosecutor canmay apply for order authorizing interception of communications.

The prosecuting attorney of any county or duly appointed special prosecutor may apply to one of the designated circuit judges referred to in §62-1D-7 of this code and such judge, in accordance with the provisions of this article, may grant an order authorizing the interception of wire, oraloral, or electronic communications by an officer of the investigative or law-enforcement agency when the prosecuting attorney or special prosecutor has shown reasonable cause to believe the interception would provide evidence of the commission of:

(i) Kidnapping or abduction as defined and prohibited by the provisions of §61-2-14 and §61-2-14(a) of this code and including threats to kidnap or demand ransom as defined and prohibited by the provisions of §61-2-14(c);§61-2-14(c) of this code;

(ii) of any offense included and prohibited by §§25-4-11 25-4-11 of this code, §61-5-8 through §61-5-10 of this code, or §62-8-1 of this code to the extent that any§25-4-11 of saidthis sectionscode, §61-5-8 through §61-5-10 of this code, or §62-8-1 of this code provide for offenses punishable as a felony;

(iii) dealing, transferringtransferring, or trafficking in any controlled substance or substances in the felonious violation of §60A-1-1 et seq.

or (v) any aider or abettor to any of the foregoing offenses or any conspiracy to commit any of the foregoing offenses if any aider, abettorabettor, or conspirator is a party to the communication to be intercepted;

(vi) treason“treason” as defined in §61-1-1 of this code;

(vii) murder“murder” as defined in §61-2-1 of this code;

(viii) armed“robbery” robbery as defined in §61-2-12(a) of this code;

orand (ix) “participation in an organized crimecriminal enterprise” as defined in §61-13-2 of this code.

The purpose of this bill is to add treason, murder, armed robbery, and organized crimes to the list of crimes wherein communications can be intercepted.  Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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