H. B. 4388

(By Delegates Webster, Mahan, Hrutkay, Guthrie, Fleischauer, Lane, Shook, Burdiss, Azinger, Brown and Ellem)



[Introduced February 4, 2008; referred to the

Committee on the Judiciary.]


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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §51-1-21, relating to authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section designated §51-1-21, to read as follows:

ARTICLE 1. WEST VIRGINIA SUPREME COURT OF APPEALS.

§ 51-1-21. Authority to maintain domestic violence database.

(a) The West Virginia Supreme Court of Appeals is hereby authorized to maintain a domestic violence database containing certified copies of protective orders entered by the courts of this state and granted pursuant to the provisions of article twenty- seven, chapter forty-eight of this code. Further, the domestic
violence database shall also include, whenever possible, protective orders issued by other jurisdictions pursuant to its law.
(b) A petitioner who obtains a protective order pursuant to article twenty-seven, chapter forty-eight of this code, or a protective order from another jurisdiction pursuant to its law, may register that order with the West Virginia Supreme Court of Appeals.

(c) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order with the West Virginia Supreme Court of Appeals.



NOTE: The purpose of this bill is to authorize the West Virginia Supreme Court of Appeals to maintain a domestic violence database.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.