SB 248 — Creating Prosecuting Attorney's Detectives Act

SB248 SFATSFA #1 Trump #1 2-23 Smith Smith   Senator Trump moved to amend the bill by striking out theeverything titleafter andthe substitutingenacting thereforclause aand newinserting title,in tolieu readthereof asthe follows:following:

Eng.ARTICLE 4A.

Com.THE PROSECUTING ATTORNEY’S DETECTIVES ACT.

Sub.§7-4A-1.

forShort Senatetitle. Bill 248—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-4A-1, §7-4A-2, §7-4A-3, §7-4A-4, §7-4A-5, §7-4A-6, §7-4A-7, §7-4A-8, and §7-4A-9, all relating to creating the Prosecuting Attorney’s Detectives Act;

providingThis aarticle shortshall title;be known and may be cited as the Prosecuting Attorney's Detectives Act.

making§7-4A-2. legislative findings;

providingLegislative forfindings. law-enforcement titles;

settingThe forthLegislature thefinds duties and powersdeclares ofthat: prosecuting attorney’s detectives;

providing(a) forIn compensationWest ofVirginia's criminal justice system, prosecuting attorney’s detectives;office investigators, and the law-enforcement officers assigned to prosecuting attorneys offices, perform vital and highly sensitive duties.

permitting(b) prosecutingIt attorneysis critical to hirethe detectives;confidence of the public in West Virginia's criminal justice system that the integrity and impartiality of prosecuting attorney’s detectives and their investigations be a high priority at all times.

establishing(c) arrestIt poweris the purpose of this article to establish statewide standards and a code of conduct and professionalism for prosecuting attorney’s detectives;detectives and the law-enforcement officers assigned to the prosecuting attorney’s office.

setting§7-4A-3. forth requirements;

limitingLaw-enforcement off-dutytitles. employment;

andThe providingprovisions miscellaneousof provisions.this article include all law-enforcement titles in the Office of the Prosecuting Attorney.

 §7-4A-4.     Adopted Rejected    

Duties and powers of detectives.

(a) The prosecuting attorney’s detectives of each of the prosecuting attorney’s offices, in addition to any and all powers prescribed by law, have the power to enforce:

(1) All rules and regulations promulgated by the governing body of the county governing the use by the public of county highways and roads;

and (2) All rules and regulations promulgated by the governing body of the county respecting the general health, safety, and welfare of the public within the county.

(b) Prosecuting attorney’s detectives shall be certified law-enforcement officers and have full power of arrest consistent with that of sheriffs’ deputies.

§7-4A-5.

Employment status compensation.

(a) A full-time prosecuting attorney’s detective shall be compensated at a rate mutually agreed upon by the prosecuting attorney and the prosecuting attorney detective.

(b) A full-time prosecuting attorney’s detective eligible shall be afforded employee benefits that are available to full-time county employees of the county in which the prosecuting attorney’s detective is employed.

§7-4A-6.

Appointment of detectives.

The prosecuting attorney may appoint a sufficient number of suitable persons, to be known as prosecuting attorney’s detectives, for the purpose of assisting the prosecuting attorney in the detection, apprehension, arrest, and conviction of offenders against the law.

§7-4A-7.

Requirements.

Except as otherwise provided by law, a person may not be appointed to the title of prosecuting attorney’s detective unless that person:

(a) Is a citizen of the United States and a resident of West Virginia;

(b) Is able to read, write and speak the English language;

(c) Is of good moral character and has not been convicted of any criminal offense involving moral turpitude;

and (d) Is a certified law-enforcement officer with at least five years of experience in a municipal, county, state, or federal law-enforcement agency.

§7-4A-8.

Limitations on off duty employment.

A prosecuting attorney’s detective may not engage in any off-duty employment which is determined to be in conflict with the role of a prosecuting attorney’s detective.

§7-4A-9.

Miscellaneous.