WEST virginia legislature

2020 regular session

Committee Substitute

for

Senate Bill 308

Senators Weld, Ihlenfeld, and Jeffries, original sponsors

[Originating in the Committee on the Judiciary; reported on January 30, 2020]

A BILL to amend and reenact §55-7J-6 of the Code of West Virginia, 1931, as amended, relating to creating criminal penalties for violation of orders issued for the protection of victims of financial exploitation; and establishing criminal penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7J. Financial exploitation of an elderly person, protected person, or incapacitated adult.

§55-7J-6. Penalty for violation of injunction; retention of jurisdiction; offenses.

(a) Any person who violates the terms of an order issued under §55-7J-5 of this code shall be is subject to a proceeding for contempt of court. The court issuing the injunction may retain jurisdiction if, in its discretion, it determines that to do so is in the best interest of the elderly person, protected person, or incapacitated adult. Whenever the court determines that an injunction issued under §55-7J-5 of this code has been violated, the court may award reasonable costs to the party asserting that a violation has occurred.

(b) An order under §55-7J-5 of this code shall state that a violation of the order may result in criminal prosecution and state the penalties therefor.

(c) Any person who willfully violates a material term of an order entered pursuant to §55-7J-5 of this code is guilty of a misdemeanor and, upon conviction thereof, shall:

(1) For a first offense, be fined not more than $1,000 or confined in jail not more than 90 days, or both fined and confined; and

(2) For a second or subsequent offense, be fined not more than $2,500 or confined in jail not more than one year, or both fined and confined.