Adopted by House February 28, 2012

HB4459 HFA White 2-28 #1                                     McO

     Delegate White moves to amend the bill on page ten, section two, line one hundred sixty-two, by striking out all of subdivision (3) and inserting in lieu thereof the following:

    “(3) Notwithstanding any other provision of this code to the contrary, the provisions of this article with respect to special reporting requirements, confidentiality and disclosure are not applicable on or after the juvenile attains the age of eighteen years. Upon the date the juvenile attains the age of eighteen years, he or she shall thereafter be subject to each provision of this article as if he or she had been an adult when the crime was committed and therefor convicted of a violation of section three or four, article eight-b, chapter sixty-one of this code. Notwithstanding any provision of article five, chapter forty-nine of this code to the contrary, on and after the date the juvenile attains the age of eighteen years, upon request of the West Virginia State Police, the circuit clerk of the court in which the order was issued under subdivision (5), subsection (a), section thirteen-b, article five, chapter forty-nine of this code shall deliver to the West Virginia State Police a copy of the records of the juvenile proceeding in which the order was issued without cost and without order of the court. Those records may be used for all purposes under the provisions of this article to the extent that the same would otherwise be used if they were a court’s records of the proceedings under which he or she had been an adult when the crime was committed and therefor convicted of a violation of section three or four, article eight-b, chapter sixty-one of this code.”.

    And,

    By redesignating the remaining subdivisions accordingly.

ADOPTED

REJECTED