SB 61 — Adding certain crimes for which prosecutor may apply for court order authorizing interception of communications

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Sub.Green = existing Code.

forRed Senate= Billnew 61—Acode Bill to amendbe andenacted reenactWEST §62-1D-8virginia oflegislature theregular Codesession ofSecond WestEnrolled Virginia,Committee 1931,Substitute as amended, relating to including the crime of extortion to the list of crimes for whichSenate aBill prosecutor61 maySenators applyWeld forand aTrump, courtoriginal ordersponsors authorizing[Repassed interceptionMarch of6, communications;2019;

permittingin foreffect 90 days from passage]     AN ACT to amend and reenact §62-1D-6, §62-1D-8, and §62-1D-9 of the lawfulCode disclosureof West Virginia, 1931, as amended, relating to including the crime of interceptedextortion communicationsto inthe federallist court;of crimes for which a prosecutor may apply for a court order authorizing interception of communications;

permitting for the lawful disclosure of lawfully intercepted communications in court proceedings including federal court;

 Be  it  enacted Adoptedby Rejectedthe  Legislature  of West Virginia:

ARTICLE 1D.

WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.

§62-1D-6.

Admissibility of evidence.

Evidence obtained, directly or indirectly, by the interception of any wire, oral, or electronic communication shall be received in evidence only in grand jury proceedings and criminal proceedings in magistrate court, circuit court, and any other court of competent jurisdiction:

Provided, That evidence obtained in violation of the provisions of this article shall not be admissible in any proceeding.

§62-1D-8.

County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.

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 the judge, in accordance with the provisions of this article, may grant an order authorizing the interception of wire, oral, 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:

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

(2) any offense included and prohibited by §25-4-11, §61-5-8, §61-5-9, and §61-5-10 or §62-8-1 of this code to the extent that any of said sections provide for offenses punishable as a felony;

(3) felony violations of §60A-1-101 et seq.

of this code;

(4) violations of §61-14-1 et seq.

of this code;

(5) violations of §61-2-1 of this code;

(6) violations of §61-2-12 of this code;

(7) felony violations of §61-8B-1 et seq.

of this code;

(8) violations of §61-1-1 of this code;

(9) violations of §61-13-3 of this code;

(10) extortion, as defined in §61-2-13 of this code;

or (11)  any aider or abettor to any of the offenses referenced in this section or any conspiracy to commit any of the offenses referenced in this section if any aider, abettor, or conspirator is a party to the communication to be intercepted.

§62-1D-9.

Lawful disclosure or use of contents of communication.

(a) Any investigative or law-enforcement officer who has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom, may disclose the contents to another investigative or law-enforcement officer of any state or any political subdivision thereof, the United States or any territory, protectorate, or possession of the United States, including the District of Columbia, only to the extent that the disclosure is required for the proper performance of the official duties of the officer making or receiving the disclosure, however, a record of such disclosure and the date, time, method of disclosure, and the name of the person or persons to whom disclosure is made shall be forwarded, under seal, to the designated circuit judge who authorized such interception, who shall preserve said record for not less than 10 years.

In the event the designated judge shall leave office prior to the expiration of this 10-year period, he or she shall transfer possession of said record to another designated judge.

(b) Any investigative or law-enforcement officer who has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom or any investigative or a law-enforcement officer of any state or any political subdivision thereof, the United States or any territory, protectorate or possession of the United States, including the District of Columbia, who obtains such knowledge by lawful disclosure may use the contents to the extent that the use is appropriate to the proper performance of his or her official duties under the provisions of this article.

(c) Any person who has received any information concerning a wire, oral, or electronic communication intercepted in accordance with the provisions of this article or evidence derived therefrom, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding held under the authority of this state, any political subdivision of this state, or the federal courts of the United States.

(d) An otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this article does not lose its privileged character:

Provided, That when an investigative or law-enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized by this article, intercepts a wire, oral, or electronic communication and it becomes apparent that the conversation is attorney-client in nature, the investigative or law-enforcement officer shall immediately terminate the monitoring of that conversation:

Provided, however, That notwithstanding any provision of this article to the contrary, no device designed to intercept wire, oral, or electronic communications shall be placed or installed in such a manner as to intercept wire, oral, or electronic communications emanating from the place of employment of any attorney at law, licensed to practice law in this state.