H. B. 2767
(By Delegates Webster, Proudfoot, Stemple,
Longstreth, Varner, Kominar, Shook,
Fleischauer, Staggers and Caputo)
[Introduced January 31, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-27-902 and §48-27-903 of the Code
of West Virginia, 1931, as amended, all relating to clarifying
that continuing to threaten or harass a petitioner is a
violation of a domestic violence protective order.
Be it enacted by the Legislature of West Virginia:
That §48-27-902 and §48-27-903 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-902. Violations of protective orders; criminal complaints.
(a) When a respondent abuses the petitioner or minor children,
or both, or is physically present at any location,
or continues to
contact, threaten or harass the petitioner, the minor children or
both:
(1) In knowing and willful violation of the terms of an
emergency or final protective order under the provisions of this
article or sections 5-509 or 5-608 of this chapter granting the relief pursuant to the provisions of this article;
(2) In knowing and willful violation of the terms of a
protection order from another jurisdiction that is required to be
enforced pursuant to section three, article twenty-eight of this
chapter; or
(3) In knowing and willful violation of the terms of a
condition of bail, probation or parole imposed in another state
which has the express intent or effect of protecting the personal
safety of a particular person or persons in violation of section
28-7(a)(3) of this chapter then any person authorized to file a
petition pursuant to the provisions of section 27-305 or the legal
guardian or guardian ad litem may file a petition for civil
contempt as set forth in section 27-901.
(b) When any such violation of a valid order has occurred, the
petitioner may file a criminal complaint. If the court finds
probable cause upon the complaint, the court shall issue a warrant
for arrest of the person charged.
§48-27-903. Misdemeanor offenses for violation of protective
order, repeat offenses, penalties.
(a) A respondent who abuses the petitioner or minor children
or who is physically present at any location,
or continues to
contact, threaten or harass the petitioner, the minor children or
both: In knowing and willful violation of the terms of: (1) An
emergency or final protective order issued under the provisions of this article or sections 5-509 or 5-608 of this chapter granting
relief pursuant to the provisions of this article; or (2) a
condition of bail, probation or parole which has the express intent
or effect of protecting the personal safety of a particular person
or persons is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in
the county or regional jail for a period of
not less than one day nor more than one year, which jail term shall
include actual confinement of not less than twenty-four hours, and
shall be fined not less than two hundred fifty dollars nor more
than two thousand dollars.
(b) A respondent who is convicted of a second or subsequent
offense under subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in
the
county or regional jail for not less than three months nor more
than one year, which jail term shall include actual confinement of
not less than twenty-four hours, and fined not less than five
hundred dollars nor more than three thousand dollars, or both.
NOTE: The purpose of this bill is to clarify that continuing
to contact, threaten or harass a petitioner is a violation of a
domestic violence protective order.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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