Code Section – Amends 61-3-20; adds New Section 61-3-20a; in effect June 11, 2004

Summary: Any person who holds a fiduciary power of attorney or who has a fiduciary relationship with a person and misappropriates or fraudulently converts assets to his or her own benefit, misuses any account or credit, etc. shall be held to have embezzled and, upon conviction, found guilty of larceny.

Code Section – Amends 61-2-29; in effect June 11, 2004

Summary: "Elderly" is defined as a person 65 years or older. "Bodily injury" means substantial pain, illness or any impairment of physical condition. "Custodian" is a person over 18 who is in charge of care of an elderly person. Adds "elder person" to abuse or neglect offense and new felony offense of willfully misappropriates or misuses funds or assets of an incapacitated adult or elder person.

Code Section – Amends 61-3-30; in effect June 11, 2004

The felony offense of destruction of property is created where the property damaged, defaced or destroyed has been reduced in value by $2,500 or more. Penalties are one to ten years in prison or up to one year in jail and/or a fine of no more than $2,500.

HB 4104 – Scanning device or reencoder fraud

Code Section – Adds new Section 61-3-56; in effect June 9, 2004

Summary: Creates new misdemeanor offenses of 1) using a scanning device to access, read, obtain, memorize or store information encoded on the magnetic stripe of a payment card without the permission of the authorized user with the intent to defraud and 2) using a reencoder to place information encoded on the magnetic stripe of a payment card onto the stipe of another card without the permission of the of the authorized user and with intent to defraud. Creates new felony for second offense of this section.

Code Section – Adds new Section 17C-3-10; in effect June 10, 2004

Summary: Prohibits the possession or use of a mobile infrared transmitter (MIRT) or any type of infrared or electronic device capable of changing a traffic control signal, by anyone other than the operator of an authorized emergency vehicle. Any person convicted of this offense which results in physical injury to another is guilty of a felony.

Code Section – Adds new Section 61-3-56; in effect June 11, 2004

Summary: Any person who, with intent to defraud, possesses fifteen or more fraudulently obtained or counterfeit sales receipts or universal product codes or possesses a device the purpose of which is to manufacture counterfeit retail sales receipts or counterfeit universal product code labels is guilty of a felony.

Code Section – Adds new Section 61-3C-14b; in effect June 11, 2004

Summary: Any person over eighteen who knowingly uses a computer to solicit, entice, seduce or lure or attempt to solicit, entice, seduce or lure a minor known or believed to be at least four years younger than the person using the computer or a person he or she believes to be such a minor, to commit any illegal act prohibited under article 8 (crimes against chastity, morality and decency), 8B (sexual offenses), 8C (filming of sexually explicit conduct of minors) or 8D (child abuse) or 60A-4-401 is guilty of a felony.

Code Section – Adds new Section 5A-3-10a; in effect June 9, 2004

Summary: A vendor doing business with the state or political subdivision, including counties, must include and affidavit with all bids, contract proposals or contracts that the vendor or related party does not owe any debt greater than $1,000 to the state or its political subdivisions. This prohibition does not apply if the vendor has contested the debt or has entered into a payment plan and is not in default. Debt includes any assessment, premium, penalty, fine or tax including workers compensation.

Code Section – Adds new Section 3-8-12; in effect June 11, 2004

Summary: No person may solicit any contribution other than contributions to a campaign for or against a county or local government ballot issue from any nonelective salaried employee of state government or any of its subdivisions.

Code Section – Amends 15-2-13; in effect June 9, 2004

Summary: While out of uniform and off duty, state police may: 1) campaign for and hold office in political clubs and organizations; 2) actively campaign for candidates for public office in partisan and nonpartisan elections; and 3) contribute money to political organizations and attend fund-raising functions. No member of the State Police may: 1) be a candidate for public office, either partisan or nonpartisan; 2) use official authority or influence to interfere with or affect the results of an election; or 3) directly or indirectly coerce contributions from subordinates in support of a political party or candidate.

Code Section – Adds new Section 7-8-14; in effect June 11, 2004

Summary: A person incarcerated in a regional jail may be assessed the costs of up to thirty days of incarceration. Prior to assessing this requirement, a hearing shall be held to determine ability to pay. The court may not sentence a defendant to pay for costs of incarceration unless he or she is or will be in the foreseeable future able to pay. The court must take into account the defendant’s financial resources and the burden that payment of costs would impose. A defendant who has been sentenced to pay costs and who is not in willful default may petition the court for remission of payment or for any unpaid portion. If the court finds that payment will impose manifest hardship on the defendant or the family or dependents, the court may excuse payment of all or part of the amount due or modify method of payment.

Code Section – Amends 61-2-10b; in effect June 10, 2004

Summary: Adds division of forestry employees to group of public employees covered under assault and battery statute.

Code Sections – Amends 33-41-1 through 3; adds nine new sections designated 4 through 12; in effect June 11, 2004

Summary: The Insurance Fraud Prevention Unit is intended to use the expertise of the Insurance Commissioner to investigate and help prosecute insurance fraud. If the prosecuting attorney determines that his or her office is unable to take appropriate action against a criminal violation relating to the business of insurance, he or she may petition the circuit court for appointment of a special prosecutor or special assistant prosecutor from the WV Prosecuting Attorneys Institute. Attorneys employed by the commissioner may prosecute or assist in the prosecution of insurance violations and may act as special prosecutors or special assistant prosecutors if assistance is sought by the prosecuting attorney. The Insurance Fraud Unit may assist all law enforcement agencies in investigating crimes related to insurance. The commissioner may conduct public outreach and education on the costs of insurance fraud to the public. The Insurance Fraud Unit may employ full-time supervisory, legal and investigative personnel. They may conduct investigations, review reports of alleged fraud from all law enforcement agencies and others and conduct independent examinations of alleged fraudulent activity.

Code Section – Amends 60A-9-5; in effect June 11, 2004

Summary: Authorized agents of local law-enforcement agencies who are members of a drug task force are added to those persons authorized to have access to information kept by the State Board of Pharmacy.

Code Section – Amends 15-10- 3 through 5; in effect June 8, 2004

Summary: Campus police or rangers of the Hatfield-McCoy Authority may temporarily provide assistance and cooperation to another law enforcement agency in investigating crimes or possible criminal activity, if requested.

Code Section – Amends 17C-15-36a; in effect June 6, 2004

Summary: Law enforcement K-9 and other emergency vehicles designed to haul animals are exempted from the requirement of this section.

Code Section – New Chapter 17F; in effect June 11, 2004

Summary: Requires all law enforcement officers to collect data at every traffic stop, except for nonviolation stops, based on the officer’s visual observation and perception of basic information which will include information about "perceived racial characteristics." The bill specifies several items of information which are to be included on the form. The Division of Motor Vehicles will provide the form and each law enforcement agency shall report its data to DMV. If a law enforcement agency fails to comply, the governor may withhold state controlled funds until reports are made. Data collection will begin January 1, 2005. Rules will be proposed by the Governor’s Committee on Crime, Delinquency and Corrections that are to include the manner of reporting, the reporting form, training and a means of reporting back to individual law enforcement agencies on specific findings. The Governor’s Committee on Crime, Delinquency and Corrections must publish a public report of the data collected on or before February 1, 2006. The program will terminate December 3, 2007.

Code Section – Adds new article designated 15-10A-1; in effect June 11, 2004

Summary: The Legislature finds that law enforcement is currently suffering from an unacceptably high number of vacant law enforcement positions due to military service obligations and it is in the best interest of the state to re-employ retired law enforcement officers in order to temporarily fill only the vacant positions of those who are called to active military duty. Any retired law enforcement officer may, at the discretion of the head of the law enforcement agency, be re-employed if certified pursuant to WV Code Chapter 30, Article 29. Any person re-employed shall exercise the same powers and be subject to the same limitations as a regularly enlisted officer but are ineligible for promotion. The re-employment period is not to exceed two years. A re-employed officer is not eligible to contribute to any pension plan, serves at the will and pleasure of the head of the law enforcement agency and is not included in the civil service system.

Code Section – Amends 15-2B-3 & 6; adds new section 15-2B-14; in effect June 11,2004

Summary – The State Police may require any person convicted of a felony to provide a DNA sample to be used for the sole purpose of criminal identification in a DNA database. The person must be under supervision in prison, the regional jail system, parole, probation, home confinement, community corrections or work release. The bill also provides a right to DNA testing for imprisoned felons and requires certain physical evidence to be preserved.

Code Section – Amends 61-11A-8; in effect June 11, 2004

Summary – If a person is convicted of murder, aggravated robbery, sexual assault in the first degree, kidnapping, arson, any sexual offense against a minor or any violent crime against a person, the sheriff, regional jail supervisor or commissioner of corrections is required to provide notice, in writing or by telephone, to the victims or a family member that they may request to be notified upon the convicted person’s release. The commissioner of corrections, regional jail supervisor, sheriff or prosecuting attorney who received a written request for notification shall provide notice, in writing or by telephone. Notification by telephone must be given directly to the person requesting notification. A message on voice mail or to another member of the household is not sufficient.

Code Section – Amends 15-2-25; in effect June 9, 2004

Summary – Adds provision to allow retired member of State Police to obtain a renewal of the superintendent’s written permission at least once every five years to carry a handgun.

Code Section – Amends 50-1-14; in effect June 11, 2004

Summary – The sheriff may authorize an employee whose sole duties involve service of process to carry a firearm if the employee completes all training requirements applicable to deputy sheriffs for the use and handling of firearms.

Code Section – Amends 20-2-5; in effect June 11, 2004

Summary – Allows hunting of coyotes by use of amber colored artificial light with certain restrictions.

Code Section – Amends 20-2-46e; in effect June 1, 2004

Summary – Allows both residents and non-residents to apply for and obtain a Class Q permit for disabled persons.

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