SB538 H JUD AM 4-9 #1
The Committee on the Judiciary moves to amend the bill on page
one, by striking out everything after the enacting clause and
inserting in lieu thereof the following:
"ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
PART 6. DISPOSITION OF DOMESTIC VIOLENCE ORDERS.
§48-27-601. Transmitting orders to domestic violence database;
affidavit as to award of possession of real
property; service of order on respondent.
(a) Upon entry of an order pursuant to section 27-403 or part
27-501, et seq., or an order entered pursuant to part 5-501, et
seq., granting relief provided for by this article, a copy of the
order shall no later than the close of the next business day, be
immediately transmitted electronically by the court or the clerk of
the court electronically to the domestic violence database
established pursuant to the provisions of section twenty-one,
article one, chapter fifty-one of this code. by the court or the
clerk of the court No later than the close of the next business day
by the court or the clerk of the court shall transmit the order to
a local office of the municipal police, the county sheriff and the
West Virginia State Police where it shall be placed in a
confidential file, with access provided only to the law-enforcement
agency and the respondent named on the order. for service upon the
respondent named in the order. The law-enforcement agency or
agencies to which a copy of the order is supplied are not required do not have to maintain a copy of the order after the respondent is
served.
(b) A sworn affidavit may be executed by a party who has been
awarded exclusive possession of the residence or household,
pursuant to an order entered pursuant to section 27-503, and shall
be delivered to such law-enforcement agencies simultaneously with
any order giving the party's consent for a law-enforcement officer
to enter the residence or household, without a warrant, to enforce
the protective order or temporary order.
(c) Orders shall be promptly served upon the respondent.
Failure to serve a protective order on the respondent does not stay
the effect of a valid order if the respondent has actual notice of
the existence and contents of the order.
(d) Any law-enforcement agency in this state in possession of
or with notice of the existence of an order issued pursuant to the
provisions of sections 27-403 or 27-501 of this article or the
provisions of section 5-509 of this chapter which is in effect or
has been expired for thirty days or less that receives a report
that a person protected by such an order has been reported to be
missing shall immediately follow its procedures for investigating
missing persons. No agency or department policy delaying the
beginning of an investigation shall have has any force or effect.
(e) The provisions of subsection (d) of this section shall be
applied where a report of a missing person is made which is
accompanied by a sworn affidavit that the person alleged to be
missing was, at the time of his or her alleged disappearance, being subjected to treatment which meets the definition of domestic
battery or assault set forth in section twenty-eight, article two,
chapter sixty-one of this code."