The press shield law that passed the West Virginia Legisture in the waning hours of last year's session became a reality with the help of Gilmer County's legislative delegation. Both delegates - Brent Boggs, the House Majority Leader, and David Walker- and senators - Joe Minard, the Senate pro tempore, and Doug Facemire - joined with their respective colleagues in unanimously approving H.B. 2159.
The bill, which was signed by then-acting Gov. Earl Ray Tomblin on April 4, became law on June 10.
Under H.B. 2159, reporters cannot be “compelled to testify in civil, criminal, administrative, or grand jury proceedings” without “the consent of the confidential source.” Reporters, including those who write for a student publication at "an accredited educational institution," also cannot be compelled “to produce any information or testimony that would identify a confidential source” without the consent of the source. The privilege may be overcome, however, when the testimony “is necessary to prevent imminent death, serious bodily injury, or unjust incarceration.”
Simply stated, state law now protects journalists from being made the cat's paw of overzealous prosecutors.
Photos: Top to bottom - Gilmer County's legislative delgation, Del. Brent Boggs, House Majority Leader, Del. David Walker, Sen. Joe Minard, Senate Pro Tempore and Sen. Doug Facmire
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