H. B. 2170
(By Delegates Longstreth, M. Poling, Caputo and Martin)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-27-307 of the Code of West
Virginia, 1931, as amended, relating to domestic violence
generally and providing that alleged victims may have a person
of their choice to accompany them when being interviewed by
law-enforcement personnel or the prosecuting attorney.
Be it enacted by the Legislature of West Virginia:
That §48-27-307 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-307. Persons accompanying petitioner.
No person accompanying a person who is seeking to file a
petition under the provisions of this article is precluded from
being present if his or her presence is desired by the person
seeking a petition unless the person's behavior is disruptive to
disrupts the proceeding.
An alleged victim of domestic violence has the right to have
a person of his or her choosing to be present at any interview or
meeting with law-enforcement personnel or with the prosecuting
attorney. At the beginning of any meeting or interview with an
alleged victim of domestic violence, the law-enforcement officer or
the prosecuting attorney shall inform the alleged victim of the
right to have a person of his or her choosing present during the
interview or meeting.
NOTE: The purpose of this bill is to provide that alleged
victims of domestic violence or abuse have the right to have a
person of their choosing present when they are interviewed by
law-enforcement officers or the prosecuting attorney.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.