reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11. General Provisions Concerning Crimes › §61-11-22. Pretrial Diversion Agreements; Conditions; Drug Court Programs

(a) A prosecuting attorney of any county of this state or a person acting as a special prosecutor may enter into a pretrial diversion agreement with a person charged with an offense against the State of West Virginia, when he or she considers it to be in the interests of justice. The agreement is to be in writing and is to be executed in the presence of the persons attorney, unless the person has executed a waiver of counsel.
(b) Any agreement entered into pursuant to the provisions of subsection (a) of this section may not exceed 24 months in duration. The duration of the agreement must be specified in the agreement. The terms of any agreement entered into pursuant to the provisions of this section may include conditions similar to those set forth in 62-12-9 of this code relating to conditions of probation. The agreement may require supervision by a probation officer of the circuit court, with the consent of the court. An agreement entered into pursuant to this section must include a provision that the applicable statute of limitations be tolled for the period of the agreement.
(c) A person who has entered into an agreement for pretrial diversion with a prosecuting attorney and who has successfully complied with the terms of the agreement is not subject to prosecution for the offense or offenses described in the agreement or for the underlying conduct or transaction constituting the offense or offenses described in the agreement, unless the agreement includes a provision that upon compliance the person agrees to plead guilty or nolo contendere to a specific related offense, with or without a specific sentencing recommendation by the prosecuting attorney.
(d) No person charged with a violation of the provisions of 17C-5-2 of this code may participate in a pretrial diversion program:
Provided
, That a court may defer proceedings in accordance with 17C-5-2b of this code.
(e) No person is eligible for pretrial diversion programs if charged with:
(1) A felony crime of violence against the person where the alleged victim is a family or household member as defined in 48-27-203 of this code;
(2) A violation of 61-8-12 of this code or a felony violation of the provisions of 61-8B-1
et seq
., 61-8C-1
et seq
., and 61-8D-1
et seq
. of this code;
(3) A violation of 61-2-9a(a) of this code;
(4) A violation of 61-2-9d of this code;
(5) A violation of 61-2-28 of this code; or
(6) A violation of 61-2-9 of this code where the alleged victim is a family or household member as defined in 48-27-203 of this code.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11. General Provisions Concerning Crimes › §61-11-24. Offender May Have Credit for Term of Confinement Before Conviction

Whenever any person is convicted of an offense in a court of this state having jurisdiction thereof, and sentenced to confinement in jail or the penitentiary of this state, or by a justice of the peace having jurisdiction of the offense, such person may, in the discretion of the court or justice, be given credit on any sentence imposed by such court or justice for the term of confinement spent in jail awaiting such trial and conviction.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11. General Provisions Concerning Crimes › §61-11-26b. Limitation on Expungement for Certain Motor Vehicle Traffic Control Offenses

(a) Notwithstanding the provisions of §61-11-26, §61-11-26a, and §62-16-1 et seq. of this code, no court or other tribunal has the authority to:
(1) Order the expungement of a conviction for a motor vehicle traffic control violation for a person who held a commercial drivers license or permit or who was operating a commercial motor vehicle at the time of the offense;
(2) Enter an order or take any action to mask a charge or conviction, divert a charge, or modify the records of a charge or conviction in a manner that would prevent an offense from appearing on an offenders commercial driving record; or
(3) Order the expungement of any conviction for driving under the influence of alcohol or controlled substances, as provided in §61-11-26 of this code.
(b) Notwithstanding any other provision of this code, no court or other tribunal may enter an order or take any other action related to a motor vehicle traffic control offense that violates any applicable federal law or regulation, including, but not limited to:
(1) The requirements or conditions contained in 23 U.S.C. §164 et seq. and 23 C.F.R. § 1275 et seq.; and
(2) The requirements or conditions contained in 49 U.S.C. § 31311 and 49 C.F.R. § 384 et seq.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11A. Victim Protection Act of 1984 › §61-11A-1. Legislative Findings and Purpose

(a) The Legislature finds and declares that without the cooperation of victims and witnesses, the criminal justice system would cease to function, yet too often these individuals are either ignored by the criminal justice system or simply used as tools to identify and punish offenders.
The Legislature finds further that all too often the victim of a serious crime is forced to suffer physical, psychological or financial hardship first as a result of the criminal act and then as a result of contact with a criminal justice system not totally responsive to the needs of such victims.
The Legislature finds further that under the current law, law-enforcement agencies must have cooperation from a victim of crime and yet neither the agencies nor the legal system can offer adequate protection or assistance when the victim, as a result of such cooperation, is threatened or intimidated.
The Legislature finds further that while the defendant is provided with counsel who can explain both the criminal justice process and the rights of the defendant, the victim or witness has no counterpart and is usually not even notified when the defendant is released on bail, the case is dismissed, a plea to a lesser charge is accepted or a court date is changed.
The Legislature finds further that the victim or witness who cooperates with the prosecutor often finds that the transportation, parking facilities and child care services at the court are unsatisfactory and they must often share the pretrial waiting room with the defendant or his family and friends.
The Legislature finds further that the victim may lose valuable property to a criminal only to lose it again for long periods of time to law-enforcement officials, until the trial and appeals are over; many times the property is damaged or lost, which is particularly stressful for the elderly or poor.
(b) The Legislature declares that the purposes of this article are to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process and to ensure that the state and local governments do all that is possible within the limits of available resources to assist victims and witnesses of crime without infringing on the Constitutional rights of the defendant.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11A. Victim Protection Act of 1984 › §61-11A-2. Testimony of Crime Victim at Sentencing Hearing

(a) For the purposes of this section, “victim” means a person who is a victim of a felony, or, where a death occurs during the commission of a felony or a misdemeanor, the following persons shall be notified if known by the prosecutor: A member of the deceased victim's immediate family, the fiduciary of the deceased victim's estate or an adult household member residing with the victim.
(b) Prior to the imposition of sentence upon a defendant who has been found guilty of a felony, or of a misdemeanor if death occurs during the commission of a crime, or has pleaded guilty or nolo contendere to a felony, or to a misdemeanor if death occurs during the commission of a crime, the court shall permit the victim of the crime to appear before the court to make an oral statement for the record if the victim notifies the court of his or her desire to make such a statement after receiving notification provided in subsection (c) of this section. If the victim fails to notify the court, the failure is a waiver of the right to make an oral statement. In lieu of the appearance and oral statement, the victim may submit a written statement to the court or to the probation officer in charge of the case. The probation officer shall forthwith file the statement delivered to his or her office with the sentencing court and the statement must be made a part of the record at the sentencing hearing. The statement, whether oral or written, must relate solely to the facts of the case and the extent of injuries, financial losses and loss of earnings directly resulting from the crime for which the defendant is being sentenced.
(c) Within a reasonable time prior to the imposition of sentence upon the defendant, the prosecuting attorney or assistant prosecuting attorney in charge of the case shall make reasonable efforts, in writing, to advise the person who was the victim of the crime, the parent or guardian of a minor who was the victim of a crime, the fiduciary of the victim's estate if the victim is deceased and the immediate family members of the victim if the victim is deceased and if their whereabouts are known to the prosecutor or assistant prosecutor. The writing will provide the date, time and place of the original sentencing hearing and of the victim's right to submit a written or oral statement to the sentencing court.
(d) The oral or written statement given or submitted by a victim in accordance with the provisions of this section is in addition to and not in lieu of the victim impact statement required by the provisions of section three of this article.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11A. Victim Protection Act of 1984 › §61-11A-2a. Notification of Crime Victims Compensation Fund

Whenever the prosecuting attorney's office presents a case to a grand jury or proceeds in the circuit court on an information, the prosecutor or assistant prosecutor shall within thirty days following said presentment or information notify in writing each victim of the alleged offense of the existence and basic provisions of article two-a, chapter fourteen of this code. Nothing in this section shall be construed as precluding the prosecuting attorney's office from other notification to victims of crime, or as creating a cause of action for damages against any prosecuting attorney or their staff, or against the State of West Virginia or any of its political subdivisions.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11A. Victim Protection Act of 1984 › §61-11A-3. Victim Impact Statement; When Required; Contents; Use; Right of Defendant to Review and Present Evidence

(a) In every case in which a presentence report is ordered by the court, such presentence report shall contain a victim impact statement unless the court orders otherwise, if the defendant, in committing a felony or misdemeanor, caused physical, psychological or economic injury or death of the victim.
(b) The victim impact statement shall be prepared by the probation officer and shall include the identity of the victim, an itemization of any economic loss suffered by the victim as a result of the offense, a description of the nature and extent of any physical or psychological injury suffered by the victim as a result of the offense, the details of any change in the victim's personal welfare, lifestyle or family relationships as a result of the offense, whether there has been any request for psychological or medical services initiated by the victim or the victim's family as a result of the offense and such other information related to the impact of the offense upon the victim as may be required by the court.
(c) If the court does not order a presentence investigation and report, the prosecuting attorney may request that the probation officer prepare a victim impact statement. The victim impact statement shall be considered by the court as a factor in determining the appropriate sentence. Additionally, the statement may be utilized for the determination of claims by victims of crimes pursuant to the provisions of article two-a, chapter fourteen of this code.
(d) In cases that involve child victims of offenses defined in section twelve, article eight of this chapter or article eight-b or eight-d of this chapter, any victim impact statement in a presentence report may include a statement from a therapist, psychologist or physician who is providing treatment to the child as to the recommendations regarding the effect that possible disposition may have on the child.
(e) A victim impact statement prepared in accordance with the provisions of this section, other than for claims by victims of crimes pursuant to the provisions of article two-a, chapter fourteen of this code, shall be made available to the defendant, and his counsel if he is so represented, at least ten days prior to the date set for pronouncement of his sentence. The court shall, upon motion by or on behalf of the defendant, grant the defendant a hearing, whereby he may introduce testimony or other information related to any alleged factual inaccuracies in the statement.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11A. Victim Protection Act of 1984 › §61-11A-5. Restitution; Procedure for Issuing Order

(a) The court, in determining whether to order restitution under this article, and in determining the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such factors as the court deems appropriate.
(b) The court may order the probation officer of the court to obtain information pertaining to the factors set forth in subsection (a) of this section. The probation officer of the court shall include the information collected in the report of presentence investigation or in a separate report, as the court directs.
(c) The court shall disclose to both the defendant and the prosecuting attorney all portions of the presentence or other report pertaining to the matters described in subsection (a) of this section.
(d) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the prosecuting attorney. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant and such defendant's dependents shall be on the defendant. The burden of demonstrating such other matters as the court deems appropriate shall be upon the party designated by the court as justice requires.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 11A. Victim Protection Act of 1984 › §61-11A-9. Sexual Assault Victims" Bill of Rights

(a) In addition to those rights afforded victims of crime by other provisions of this code, a sexual assault victim has the following rights:
(1) The right to a personal representative of the victims choice to accompany him or her to a hospital or other health care facility and to attend proceedings concerning the alleged assault, including police interviews and court proceedings: Provided, That nothing in this subsection shall be construed to violate established forensic interview protocols;
(2) The right to receive a forensic medical examination consistent with the provisions of §61-8B-1(12) of this code conducted by a qualified medical provider in accordance with best practices, taking into consideration the age of the victim and circumstances of the offense;
(3) The right to have a sexual assault evidence collection kit tested and preserved by the investigating law-enforcement agency;
(4) The right to be informed by the investigating law-enforcement agency of any results of the forensic medical examination, if such disclosure would not impede or compromise an ongoing investigation;
(5) The right to be informed in writing of the policies governing the forensic medical examination and preservation of evidence obtained from the examination;
(6) The right to receive, upon his or her written request, notification by United States mail, restricted delivery, to his or her last known address, from the custodian of the evidence obtained from the forensic medical examination no fewer than 60 days prior to the date of the intended destruction or disposal of the evidence: Provided, That notice to a victim which meets the requirements of this subdivision, whether received by the addressee or not, meets all notice requirements imposed by this section;
(7) The right, upon his or her written request, to have the evidence obtained from the forensic medical examination preserved for an additional period not to exceed 10 years; and
(8) The right to be informed of the rights afforded a victim pursuant to this section.
(b) As used in this section, "sexual assault" means any sexual act proscribed by §61-8-1 et seq., §61-8B-1 et seq., and §61-8D-1 et seq. of this code.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-4. Central Office and Laboratory

The office of the chief medical examiner shall establish and maintain a central office and a laboratory having adequate professional and technical personnel and medical and scientific facilities for the performance of the duties imposed by this article. In order to secure facilities sufficient to meet the duties imposed by the provisions of this code, the chief medical examiner is authorized to enter into agreements, subject to the approval of the director of the division of health, with other state agencies or departments, with public or private colleges or universities, schools of medicine or hospitals for the use of laboratories, personnel, equipment and other fixtures, facilities or services.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-5. Certain Salaries and Expenses Paid by State

The salaries of the chief medical examiner, the salaries of all assistants and employees employed in the central office and laboratory, the expenses of maintaining the central office and laboratory and the cost of pathological, bacteriological and toxicological services rendered by persons other than the chief medical examiner and his or her assistants shall be paid by the state out of funds appropriated for that purpose.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-6. Chief Medical Examiner May Obtain Additional Services and Facilities

The chief medical examiner may employ and pay qualified pathologists and toxicologists to make autopsies and such pathological and chemical studies and investigations as he or she considers necessary. Qualified pathologists shall hold board certification or board eligibility in forensic pathology, or equivalent, or have completed an American Board of Pathology fellowship in forensic pathology.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-7. Medical Examiners

(a) The chief medical examiner shall appoint for each county in the state a county medical examiner to serve for a term of three years under the supervision of the chief medical examiner. A county medical examiner shall be medically trained and licensed by the State of West Virginia as a physician, registered nurse, paramedic, emergency medical technician or a physician assistant, be certified in the practice of medicolegal death investigation. County medical examiners are authorized to establish the fact of death, and to make investigations into all deaths in their respective counties that come within the provisions of 61-2-8 and 61-2-10 of this code and shall in timely fashion record findings of an investigation using forms prescribed by the chief medical examiner. A county medical examiner may be removed from office for cause at any time by the chief medical examiner. Any vacancy in the office of county medical examiner shall be filled by the chief medical examiner. One person may be appointed to serve as county medical examiner for more than one county, and a county medical examiner need not be a resident of the county which he or she serves. If the chief medical examiner determines that it is necessary, he or she may appoint any person medically trained and licensed by the State of West Virginia as a physician, registered nurse, paramedic, emergency medical technician or a physician assistant to act as an assistant county medical examiner for a term of three years. An assistant shall have the same powers and duties as a county medical examiner and shall perform his or her duties under the supervision of the chief medical examiner.
(b) A county medical examiner or his or her assistant county medical examiner shall, at all times, be available to perform the duties required under this article. He or she shall, additionally, be paid a fee, as determined by the chief medical examiner, but only for the actual performance of his or her duties.
(c) County medical examiners and assistant county medical examiners are authorized to determine the cause and manner of death in any case falling within the provisions of section eight of this article, subject to the supervision of the chief medical examiner, and may exercise any of the powers attendant to the investigation of deaths.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-10a. Costs of Transportation of Bodies; When State Will Pay; Amount of Payment

Whenever an examination of a body is ordered pursuant to 61-12-8 and 61-12-10 of this code and the body of the deceased is transported to the central laboratory or other place of examination, the reasonable cost of the transportation shall be paid by the state out of funds appropriated to or for the use of the Office of the Chief Medical Examiner. Transportation at state expense shall be provided from the place where the body is being kept at the time the examination is ordered to the central laboratory or other place of examination, and, upon completion of the examination, to the place designated by the person entitled to possession of the body:
Provided
, That if the body is to be returned a greater distance than it was taken for the examination, the state shall only be obligated for the cost of return of the body equal to or less than that incurred to take the body for the examination. The payment shall be of a reasonable amount set by the Office of the Chief Medical Examiner, including, but not limited to, payment of any part of the total cost as the Office of the Chief Medical Examiner allows.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-11. Exhumation; When Ordered

If, in any case of sudden, violent or suspicious death, the body is buried without any investigation by the chief medical examiner, or by a county medical examiner or coroner, it is the duty of the chief medical examiner or the county medical examiner or coroner, upon being advised of this fact, to notify the prosecuting attorney of the county, who shall communicate the same to the judge of the circuit court or other court of record having jurisdiction in the county and the judge may order that the body be exhumed and an autopsy performed thereon, as provided in 61-12-10 of this code and the pertinent facts disclosed by the autopsy shall be communicated to the prosecuting attorney of the county.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-12. Facilities and Services Available to Medical Examiners

Pursuant to rules promulgated by the Secretary of the Department of Health and Human Resources, the facilities of the Office of the Chief Medical Examiner and its laboratory, and the services of its professional staff, shall be made available to the county medical examiners and coroners in their investigations under the provisions of 61-12-8 of this code, and to the persons conducting autopsies under the provisions of 61-12-10 of this code.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-13. Reports and Records Received as Evidence; Copies

Reports of investigations and autopsies, and the records thereof, on file in the Office of the Chief Medical Examiner or in the office of any county medical examiner, shall be received as evidence in any court or other proceeding, and copies of records, photographs, laboratory findings and records on file in the Office of the Chief Medical Examiner or in the office of any county medical examiner, when attested by the chief medical examiner or by the county medical examiner, assistant county medical examiner or coroner in whose office the same are filed, shall be received as evidence in any court or other proceeding for any purpose for which the original could be received without any proof of the official character of the person whose name is signed thereto unless objected to by counsel:
Provided
, That statements of witnesses or other persons and conclusions upon extraneous matters are not hereby made admissible.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-14. County Coroners; Appointment, Oath, etc.; Duties; Fees

The county commission of every county may appoint a coroner for the county, who shall hold the office at the pleasure of the commission and shall take the oath of office prescribed for other county officers. The county coroners shall be certified in medicolegal investigations, be continually available to perform the duties required under this article and shall be paid such fees or amounts for the services as may be fixed by the chief medical examiner.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-15. Disposition of Unidentified and Unclaimed Remains

(a) The Office of the Chief Medical Examiner shall cremate unclaimed human remains and shall bury unidentified human remains from its facilities.
(b) The Office of the Chief Medical Examiner, with the assistance of the city of Charleston, shall locate an appropriate cemetery.
(c) Unidentified remains shall be buried after 6 months and after efforts to identify the person and his or her next of kin have been exhausted by the Office of Chief Medical Examiner. In the event the death is determined to be the result of a crime, physical evidence shall be collected from the decedents body prior to any burial.
(d) Any identified but unclaimed remains shall be cremated after 30 days has passed and after efforts to contact the decedents next of kin have been exhausted, as determined by the Office of the Chief Medical Examiner, and placed in a cemetery in a manner that the remains may be easily retrieved by the Office of the Chief Medical Examiner in the event the decedents next of kin wishes to claim the remains.
(e) The chief medical examiner, or his or her designee, may enter onto the premises of the cemetery and cause to be removed from the cemetery any decedent who has been identified and claimed by his or her next of kin upon the next of kin providing proper documentation.
(f) No person may file any cause of action against the Office of the Medical Examiner or against any medical examiner acting in his or her capacity as a medical examiner for any liability or damages relating to burial, cremation, or other disposition of a decedents remains, consistent with the provisions of this section, prior to a person claiming a decedent.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12. Postmortem Examinations › §61-12-16. Disposition of Unidentified or Unclaimed Remains Pursuant to Legislative Rule

The Office of the Chief Medical Examiner shall propose rules for legislative approval in accordance with the provisions of 29A-3-1
et seq
. of this code which provide for the disposition of unidentified or unclaimed remains in the possession of the Office of the Chief Medical Examiner, in a manner which does not conflict with the provisions of this article.
Further, the Office of the Chief Medical Examiner shall promulgate emergency rules pursuant to 29A-3-15 of this code providing for the disposition of unidentified or unclaimed remains in their possession, in a manner which does not conflict with the provisions of this article.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12A. Fatality and Mortality Review Team › §61-12A-1. Fatality and Mortality Review Team

(a) The Fatality and Mortality Review Team is created under the Bureau for Public Health. The Fatality and Mortality Review Team is a multidisciplinary team created to oversee and coordinate the examination, review and assessment of:
(1) The deaths of all persons in West Virginia who die as a result of unintentional prescription or pharmaceutical drug overdoses;
(2) The deaths of children under the age of eighteen years;
(3) The deaths resulting from suspected domestic violence; and
(4) The deaths of all infants and all women who die during pregnancy, at the time of birth or within one year of the birth of a child.
(b) The Fatality and Mortality Review Team shall consist of the following members:
(1) The Chief Medical Examiner in the Bureau for Public Health or his or her designee, who is to serve as the chairperson and who is responsible for calling and coordinating meetings of the Fatality and Mortality Review Team and meetings of any advisory panel created by the Fatality and Mortality Review Team;
(2) The Commissioner of the Bureau for Public Health or his or her designee;
(3) The Superintendent of the West Virginia State Police or his or her designee; and
(4) A prosecuting attorney, as appointed by the Governor, who shall serve for a term of three years unless otherwise reappointed to a second or subsequent term. A prosecuting attorney appointed to the team shall continue to serve until his or her term expires or until his or her successor has been appointed.
(c) Each member shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12A. Fatality and Mortality Review Team › §61-12A-3. Access to Information; Other Agencies of Government Required to Cooperate

(a) Notwithstanding any other provision of this code to the contrary, the Fatality and Mortality Review Team and the advisory panels established by the team pursuant to this article may request information and records as necessary to carry out its responsibilities. Records and information that may be requested under this section include:
(1) Medical, dental and mental health records;
(2) Substance abuse records to the extent allowed by federal law; and
(3) Information and records maintained by any state, county and local government agency, except as provided in subsection (c), section two of this article.
(b) State, county and local government agencies shall provide the Fatality and Mortality Review Team and the advisory panels established by the team with any information requested in writing by the team or by an advisory panel.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12A. Fatality and Mortality Review Team › §61-12A-4. Confidentiality

(a) Proceedings, records, and opinions of the Fatality and Mortality Review Team and the advisory panels established by the team pursuant to this article are confidential and are not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding. This section does not limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another credible source and entirely independent of the proceedings of the team or advisory panels.
(b) Members of the Fatality and Mortality Review Team and members of the advisory panels established by the team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. This subsection does not prevent a member of the team or an advisory panel from testifying to information obtained independently of the team or advisory panel which is public information.
(c) Proceedings, records, and opinions of the Fatality and Mortality Review Team and the advisory panels established by the team are exempt from disclosure under the Freedom of Information Act as provided in chapter 29B of this code.
(d) Notwithstanding any other provisions to the contrary, the Fatality and Mortality Review Team may prepare a data compilation to be shared, on an annual basis or more often as needed, with the Centers for Disease Control and Prevention to study maternal mortality in an effort to reduce mortality rates. No individually identifiable records may be produced.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 12A. Fatality and Mortality Review Team › §61-12A-5. Required Reporting and Analysis

(a) The infant and mortality review panel shall annually analyze data to identify themes, underlying risk factors, and gaps in care, to understand factors related to deaths during pregnancy, delivery, and the postpartum period. This analysis is required to follow the Centers for Disease Control and Preventions best practices for maternal mortality review and infant mortality review, and include health care and clinical factors as well as social determinants of health. Using data gathered, the panel may provide recommendations and develop strategies to prevent problems that arise during the prenatal and postpartum period.
(b) The following variables should be routinely analyzed to describe pregnancy-associated deaths:
(1) Age at death;
(2) Race and ethnicity;
(3) Education;
(4) Insurance status;
(5) Marital status;
(6) County type (urban or rural) of maternal residence;
(7) Timing of death in relation to pregnancy; and
(8) Causes of death.
(c) Reports of aggregated nonindividually identifiable data shall be compiled on a routine basis for distribution in an effort to further study the causes and problems associated with maternal and infant deaths.
(d) Reports shall be distributed to the Commission on Legislative Oversight Commission on Health and Human Resources Accountability, a member of the infant and maternal mortality review panel, health care providers, key government agencies, and others as identified to reduce the maternal and infant mortality rate.
(e) The Bureau for Public Health, working in conjunction with the infant and mortality review panel, shall perform a multiyear detailed analysis, utilizing data from vital records, the infant and mortality review panel, and other sources as necessary and, in partnership with other providers, including the perinatal collaborative, make recommendations for systems change to reduce maternal and infant mortality. Such report shall be made available to the Legislative Oversight Commission on Health and Human Resources Accountability by December 31, 2020.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 13. Anti-Organized Criminal Enterprise Act › §61-13-1. Findings

(a) The Legislature hereby finds that there is evidence of an increasing incidence of larger scale organized criminal activity in various parts of this State and that new statutes are necessary to protect the lives and property of the overwhelming majority of West Virginians who are law-abiding citizens. The evidence presented to the Legislature reflects that persons engaged in larger scale ongoing criminal enterprises are of all ages, multiple racial and ethnic origin and all pose a rising threat.
(b) The Legislature further finds that there is a tendency among certain of these enterprises to actively recruit, sometimes coercively, people into joining such organizations as well as organized efforts to intimidate witnesses who may be in a position to offer testimony regarding the organized criminal enterprises and that such behavior cannot be tolerated.
(c) The Legislature further finds that lawful use of public nuisance and forfeiture laws can substantially aid in a reduction of larger scale organized criminal enterprises.
(d) The Legislature further finds that criminal statutes tailored to the particular problems represented by such organized criminal enterprises combined with community education and existing alternative sentencing laws can aid in reducing this new threat.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 13. Anti-Organized Criminal Enterprise Act › §61-13-2. Definitions

As used in this article:
"Organized criminal enterprise" means a combination of five or more persons engaging over a period of not less than six months in one or more of the qualifying offenses set forth in this section.
"Qualifying offense" means a violation of the felony provisions of section eleven, article forty-one, chapter thirty-three of this code; the felony provisions of chapter sixty-a of this code; the felony provisions of article two of this chapter; the provisions of sections one, two, three, four, five, eleven, twelve, thirteen, fourteen, eighteen, nineteen, twenty-four, twenty-four-a, twenty-four-b and twenty-four-d, article three of this chapter; the felony provisions of sections article three-c of this chapter; the felony provisions of article three-e of this chapter; the felony provisions of article four of this chapter; the provisions of section eight, article eight of this chapter; the felony provisions of article eight-a of this chapter and the felony provisions of article eight-c of this chapter.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 13. Anti-Organized Criminal Enterprise Act › §61-13-3. Offenses

(a) Any person who knowingly and willfully becomes a member of an organized criminal enterprise and who knowingly promotes, furthers or assists in the commission of any qualifying offense himself or herself or in combination with another member of an organized criminal enterprise shall be guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not more than ten years or fined not more than $25,000, or both. The offense set forth in this subsection is separate and distinct from that of any qualifying offense and may be punished separately.
(b) Any person who knowingly solicits, invites, recruits, encourages or causes another to become a member of an organized criminal enterprise or to assist members of an organized criminal enterprise to aid or assist in the commission of a qualifying offense by one or more members of an organized criminal enterprise shall be guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not more than five years or fined not more than $10,000, or both.
(c) Any person who shall, by threats, menaces, or otherwise, intimidate, or attempt to intimidate, a witness for the state in any prosecution under the provisions of this article, for the purpose of preventing the attendance of such witness at the trial of such case or to change testimony, or shall in any way or manner prevent, or attempt to prevent, the attendance of any such witness at such trial, shall be guilty of a felony, and, upon conviction, shall be confined not more than ten years.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 13. Anti-Organized Criminal Enterprise Act › §61-13-4. Premises Used by Organized Criminal Enterprises; Nuisances; Actions for Injunction, Abatement and Damages; Other Remedies for Unlawful Use; Exceptions

(a) Every private building or place used by members of an organized criminal enterprise for the commission of qualifying offenses is a nuisance and may be the subject of an injunction or cause of action for damages or for abatement of the nuisance as provided for in article nine of this chapter.
(b) Any person may file a petition for injunctive relief with the appropriate court seeking eviction from or closure of any premises used for the operation of an organized criminal enterprise. Upon proof by the plaintiff that the premises are being used by members of an organized criminal enterprise for the commission of a qualifying offense or offenses, the court may order the owner of record or the lessee of the premises to remove or evict the persons from the premises and order the premises sealed, prohibit further use of the premises, or enter such order as may be necessary to prohibit the premises from being used for the commission of a pattern of criminal gang activity and to abate the nuisance.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 13. Anti-Organized Criminal Enterprise Act › §61-13-5. Forfeiture

(a) The following are declared to be contraband and no person shall have a property interest in them:
(1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this article; and
(2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this article.
(b) In any action under this section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.
(c) Forfeiture actions under this section shall use the procedures set forth in article seven, chapter sixty-a of this code.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 13. Anti-Organized Criminal Enterprise Act › §61-13-6. Exempted Activities; Limitations on Scope

Nothing in this section shall be construed to prevent lawful assembly and petition for the lawful redress of grievances, including, but not limited to, any labor or employment relations issue; demonstration at the seat of federal, state, county, or municipal government; or activities protected by the West Virginia Constitution or the United States Constitution or any statute of this state or the United States.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 14. Human Trafficking › §61-14-2. Human Trafficking of an Individual; Aiding and Abetting Human Trafficking; Penalties

(a) Any person who knowingly and willfully traffics an adult, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than three nor more than 15 years, fined not more than $200,000, or both confined and fined.
(b) Any person who knowingly and willfully traffics a minor, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than five nor more than 20 years, fined not more than $300,000, or both confined and fined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 14. Human Trafficking › §61-14-3. Use of Forced Labor; Penalties

(a) Any person who knowingly uses an adult in forced labor is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $100,000, or both imprisoned and fined.
(b) Any person who knowingly uses a minor in forced labor is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years, fined not more than $300,000, or both imprisoned and fined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 14. Human Trafficking › §61-14-4. Use of Persons in Debt Bondage; Penalties

(a) Any person who knowingly uses an adult in debt bondage is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $100,000, or both imprisoned and fined.
(b) Any person who knowingly uses a minor in debt bondage is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years, fined not more than $300,000, or both imprisoned and fined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 14. Human Trafficking › §61-14-5. Sexual Servitude; Penalties

(a) Any person who knowingly uses coercion to compel an adult to engage in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years, fined not more than $200,000, or both imprisoned and fined.
(b) Any person who knowingly maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than ten nor more than twenty years, fined not more than $300,000, or both imprisoned and fined.
(c) It is not a defense in a prosecution under subsection (b) of this section that the minor consented to engage in commercial sexual activity, or that the defendant believed the minor was an adult.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 14. Human Trafficking › §61-14-6. Patronizing a Victim of Sexual Servitude; Penalties

(a) Any person who knowingly patronizes another in commercial sexual activity and who knows that such person patronized is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $100,000, or both imprisoned and fined.
(b) Notwithstanding the provisions of subsection (a) of this section, any person who knowingly patronizes a minor to engage in commercial sexual activity and who knows or has reason to know that said minor is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years, fined not more than $300,000, or both imprisoned and fined.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 14. Human Trafficking › §61-14-8. Immunity for Minor Victim of Sex Trafficking

(a) In a prosecution or a juvenile prosecution for an offense of prostitution in violation of 61-8-5(b) of this code, a minor shall not be held criminally liable if the court determines that the minor is a victim of an offense under this article:
Provided
, That subject to proof, a minor so charged shall be rebuttably presumed to be a victim under the provisions of this article.
(b) This section does not apply in a prosecution or a juvenile proceeding for any of the other offenses under 61-8-5(b) of this code, including specifically soliciting, inducing, enticing, or procuring another to commit an act or offense of prostitution, unless it is determined by the court that the minor was coerced into the criminal behavior.
(c) A minor who, under subsection (a) or (b) of this section, is not subject to criminal liability or adjudication as a juvenile delinquent is presumed to be an abused child, as defined in 49-1-201 of this code, and may be eligible for services under chapter 49 of this code including, but not limited to, appropriate child welfare services including, but not limited to, comprehensive trauma-informed services that are specialized to the needs of child victims of sexual abuse and exploitation or child sex trafficking victims.