SB76 HFAT SHOTT 4-7

Delegate Shott moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Committee Substitute for Senate Bill No. 76 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-11B-1; §61-11B-2, §61-11B-3 and §61-11B-4, all relating to establishment of a criminal offense reduction program; setting forth legislative intent; setting forth definitions; providing for persons convicted of certain criminal felony offenses to petition for reduction to a misdemeanor offense; setting forth limitations; providing for reduced offense to be reflected on criminal records; expressly providing that reduction of felony offense means person shall not be deemed as being convicted of a felony for any legal purpose or restriction; clarifying that reduced misdemeanor offenses may not be expunged; clarifying that criminal offense reduction is in the discretion of the circuit court; establishing procedures for petition to the court; requiring payment of a filing fee; directing certain moneys to State Police from filing fee; setting forth information to be included on the petition; providing for notification of petition to certain persons; requiring prosecuting attorney to contact identified victims; providing for notice of opposition to the petition by certain persons; establishing burden of proof by petitioner; providing for a hearing and setting forth procedures; providing for entry of an order by the court; authorizing court to enter an order directing certain records to reflect reduction of a felony offense to a reduced misdemeanor; requiring certification of compliance to the court; and providing for disclosure requirements.”