HOUSE JOINT RESOLUTION NO. 111

              (By Delegates Andes, Gearheart, Reynolds,

              Pasdon, E. Nelson, Miller, Householder,

              Skaff, Poore, Iaquinta and Craig)

              [Introduced February 17, 2014; referred to the

              Committee on the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia, amending section seventeen, article VI thereof, relating to removing language exempting legislators from arrest ten days prior to and after and during the legislative session for misdemeanors; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

    Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

    That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year two thousand and fourteen, which proposed amendment is that section seventeen, article VI thereof be amended, to read as follows:

ARTICLE VII. THE LEGISLATURE.

§17. Members of Legislature privileged from civil arrest.

    Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during the session, and for ten days before and after the same; and For words spoken in debate, or any report, motion or proposition made in either house, a member of the Legislature shall not be questioned in any other place.

    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Removing the Exemption for Legislators from Arrest for Misdemeanors during the Legislative Session Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend section seventeen, article VI of the State Constitution so as to remove language exempting legislators from arrest ten days prior to and after and during the legislative session for misdemeanors."

    NOTE: The purpose of this joint resolution is to propose a constitutional amendment amending section seventeen, article VI of the State Constitution so as to remove language exempting legislators from arrest ten days prior to and after and during the legislative session for misdemeanors.

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