SB 187
Providing for recall process of prosecutor under certain circumstances
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes a process for recalling a West Virginia prosecutor if they engage in prosecutorial misconduct, such as repeatedly refusing to prosecute serious crimes. Citizens, parties in criminal proceedings, or judicial officers can petition the Attorney General to initiate a recall. The Attorney General will then review the petition to determine if a recall is warranted, providing a mechanism for accountability for prosecutors’ actions.
Key provisions
- Allows citizens, parties in criminal proceedings, or judicial officers to petition the Attorney General for a prosecutor’s recall.
- Defines prosecutorial misconduct as including refusing to prosecute violent or serious crimes.
- Requires the Attorney General to review petitions for recall and determine if a prosecutor should be recalled.
- Establishes a process for prosecuting attorneys to carry concealed firearms for self-defense, subject to specific requirements.
- Mandates prosecuting attorneys to maintain their office open during election hours and be available to advise election officials.
- Requires prosecutors to report the state of pending cases to the Attorney General upon request.
- Addresses the Attorney General’s authority to perform legal duties in various counties.
- Authorizes prosecutors to meet the requirements of the Law-Enforcement Officer’s Safety Act.
Who is affected
- West Virginia Prosecutors
- Citizens of West Virginia
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