SB 207 — Creating Prosecuting Attorney's Detectives Act

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Red = new code to be enacted   WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 207 By Senators Weld and ClineCline, [Introducedoriginal Januarysponsors 9,[Originating 2020;in the Committee on the Judiciary;

referredreported toon theJanuary Committee14, on2020] the  Judiciary]        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,§7-4A-7, all relating to creating the Prosecuting Attorney’s Detectives Act;

and setting forth requirements;requirements for appointment as a prosecuting attorney’s detective.

limiting off-duty employment;

and providing miscellaneous provisions.

ARTICLE 4A.4A.  THE PROSECUTING ATTORNEY’S DETECTIVES ACT.

THE§7-4A-1.  PROSECUTINGShort ATTORNEY’Stitle. DETECTIVES ACT.

§7-4A-1.

Short title.

§7-4A-2.§7-4A-2.  Legislative findings.

Legislative findings.

(a) In West Virginia’s criminal justice system, prosecuting attorney’s office investigators,investigators and the law-enforcement officers assigned to prosecuting attorneysattorney’s offices,office perform vital and highly sensitive duties.

§7-4A-3.    §7-4A-3.  Law-enforcement titles.

Law-enforcement titles.

§7-4A-4.§7-4A-4.  Duties and powers of detectives.

Duties and powers of detectives.

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

§7-4A-5.§7-4A-5.  Employment status compensation.

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

(a)(b) A full-time prosecuting attorney’s detective shall be compensatedafforded atemployee abenefits ratethat mutuallyare agreedavailable uponto byfull-time county employees of the prosecutingcounty attorneyin andwhich the prosecuting attorneyattorney’s detective.detective is employed.

(b)§7-4A-6.  AAppointment full-time prosecuting attorney’s detective eligible shall be afforded employee benefits that are available to full-time county employees of thedetectives. county in which the prosecuting attorney’s detective is employed.

§7-4A-6.

Appointment of detectives.

§7-4A-7.§7-4A-7.  Requirements.

Requirements.Except as otherwise provided by law, a person may not be appointed to the title of prosecuting attorney’s detective unless that person is of good moral turpitude and is a certified law-enforcement officer with at least five years of experience in a municipal, county, state, or federal law-enforcement agency.

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(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.

(a) Prosecuting attorney’s detectives may participate, join, or be members of charitable, civic, and professional organizations, associations, or committees.

A prosecuting attorney’s detective may not be prohibited from being a member of a law-enforcement union or association.

(b) Nothing in this article may be construed to prohibit a prosecuting attorney’s detective from recommending an attorney or providing financial assistance to a family member in a civil or criminal proceeding, except where a clear conflict of interest exists.

  NOTE: