H. B. 2168
(By Delegates Gallagher, Douglas, Compton, Linch, Faircloth,
and Riggs)
[Introduced January 23, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article nine, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
governor's committee on crime, delinquency and correction to
promulgate legislative rules relating to the protocol for law
enforcement response to domestic violence.
Be it enacted by the Legislature of West Virginia:
That section nine, article nine, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-9. Governor's committee on crime, delinquency and correction.
(a) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred eighty-eight,
modified by the governor's committee on crime, delinquency and
corrections to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twentieth
day of September, one thousand nine hundred eighty-eight, relating
to the governor's committee on crime, delinquency and corrections
(basic training academy, annual in-service and biennial in-service
training standards), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one, modified
by the governor's committee on crime, delinquency and corrections to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the fifteenth day of January,
one thousand nine hundred ninety-two, relating to the governor's
committee on crime, delinquency and corrections (protocol for
law-enforcement response to domestic violence), are authorized with
the amendments set forth below:
On page 1, section 2.1 by striking out the words "member of the Department of Natural Resources,";
On page 1, by striking out subsection 2.2.4;
On page 1, by striking out section 3;
On page 4, section 6.2.1 after the word "home" by adding "or
business";
On page 6, section 6.4.6 by striking out the word "abuse";
On page 6, section 7.2.3 after the words "protective order" by
adding "and the officer has actual knowledge that a valid protective
order exists.";
On page 6, by striking out sections 7.2.4 and 7.2.5;
On page 7, by striking out section 7.3.5;
On page 8, section 7.5, following the word "prosecution", by
striking out the period and by adding the following proviso: ":
Provided, That this section does not authorize a search of the
premises unless a search warrant has been obtained or consent was
given by the occupant of the premises.";
On page 8, by striking out sections 7.6 and 7.7;
On page 8, section 8.1 by striking out the words "the officer
determines that a warrantless arrest is appropriate or that";
On page 8, section 8.1 by striking out the words "in the event that a warrantless arrest for a misdemeanor is authorized";
On page 8, section 8.1 by striking out the word "If" from the
sentence "If a warrant is necessary";
On page 9, by adding the following:
"9.1.4 Advise the victim or victims that upon request of the
victim or victims the officer will provide transportation for, or
facilitate transportation of the victim or victims to a shelter or
the appropriate court where there is reasonable cause to believe that
such victim or victims have suffered or are likely to suffer physical
injury.
9.1.5 Provide transportation for or facilitate transportation
of the victim or victims upon the request of such victim or victims
to a shelter or the appropriate court where there is reasonable cause
to believe that such victim or victims have suffered or are likely
to suffer physical injury.";
On page 10, section 10.7.1 by striking out the words "should
arrest the assailant upon probable cause to believe that a crime has
been committed" and inserting in lieu thereof the following "should
arrest the assailant if the officer observes the commission of a
crime";
On page 11, section 11.3 by striking out the word "advise" and
inserting in lieu thereof the word "inform";
And,
On page 11, section 11.3 by striking out the remainder of
section 11.3 beginning with the words "the condition may include".
(c) The legislative rules filed in the state register on the
second day of August, one thousand nine hundred ninety-four, modified
by the governor's committee on crime, delinquency and correction to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the sixth day of September, one
thousand nine hundred ninety-four, relating to the governor's
committee on crime, delinquency and correction (protocol for law
enforcement response to domestic violence), are authorized.
NOTE: The purpose of this bill is to authorize the Governor's
Committee on Crime, Delinquency and Correction to promulgate
legislative rules relating to the protocol for law enforcement
response to domestic violence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.