FLOOR BOOK MEMO         House Committee on the Judiciary

    H.B. 2020                

Prepared by: Scott Caudill

    (January 23, 2014)      Phone: 3279

                             E-mail: scott.caudill@wvhouse.gov

SPONSOR: Delegate Ellem

TITLE: Relating to conditions of bond for defendants in cases of crimes between family or household members

DATE INTRODUCED/PRIOR COMMITTEE ACTION: January 9, 2014, referred to the Committee on the Judiciary, which originated a committee substitute making technical changes and recommended that it “do pass.”

CODE SECTION AFFECTED: W.Va. Code §62-1C-17c, entitled “Bail in cases of crimes between family or household members”

SUMMARY ANALYSIS: In cases involving crimes against family or household members, HB 2020 would alter language regarding conditions of bond relating to defendants’ contact with alleged victims. This bill retains the existing requirement that a court consider “whether the defendant poses a threat or danger to the victim,” but permits discretion as to whether and to what extent defendant must refrain from contact with the alleged victim. In cases involving such “threat or danger,” this bill provides that a court may order that defendant “may not initiate contact with the victim or complainant, come within one hundred feet of the victim or complainant, or enter or be in the immediate environs of the victim’s or complainant’s residence, school, business or place of employment.”

I. ANALYSIS:

    A. EXISTING LAW: In setting bond for a defendant charged with a crime against a family or household member, current Code requires a court to consider “whether the defendant poses a threat or danger to the victim or other family or household member.” If such threat or danger is found, current Code requires the court to order that defendant refrain from contact with the victim.

    B. THIS BILL: HB 2020 would still require courts to consider whether such defendants pose threats/dangers to alleged victims within the same family or household, but would permit courts discretion as to prohibiting contact with such alleged victims. This bill also alters language describing the prohibition on contact with such alleged victims.

    C. COMMITTEE SUBSTITUTE: Makes grammatical correction to proposed language at subsection (a) and typographical correction to existing language at subsection (d).

II. SECTION DIRECTORY:

    -§62-1C-17c(a): “When the offense charged is a crime against a family or household member, it may be a condition of bond that the defendant shall not have any contact whatsoever, direct or indirect, verbal or physical, with the victim or complainant may not initiate contact with the victim or complainant, come within one hundred feet of the victim or complainant, or enter or be in the immediate environs of the victim’s or complainant’s residence, school, business or place of employment.”

    -§62-1C-17c(b): Provides that violation of “any condition set out in subsection (a) of this section may be punishable by the forfeiture of bail...”

III. COMMENTS

    A. CONSTITUTIONAL ISSUES: None identified.

    B. GOVERNMENT AGENCIES AFFECTED: Municipal, magistrate and circuit courts.

    C. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

    D. DRAFTING ISSUES OR OTHER COMMENTS: None.

    E. EFFECTIVE DATE: Regular.