SB504 HFAT SHOTT

            Delegate Shott moves to amend the title of the bill to read as follows:

Com. Sub. for Senate Bill No. 504 - - “A Bill to amend and reenact §49-5-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §62-6B-2 of said code; and to amend said code by adding thereto a new section, designated §62-6B-6, all relating to confidentiality of records; providing that a recorded interview of a minor in a criminal or abuse or neglect case is generally confidential and exempt from disclosure; defining terms, including “interviewed child” and “recorded interview”; providing that recorded interviews of children in criminal and administrative proceedings are confidential and subject to disclosure only pursuant to a court order; providing that all written documentation related to the recorded interviews of children in criminal and administrative proceedings are confidential;  providing for certain individuals to have access to the recorded interview of a child prior to the commencement of formal proceedings and providing for limitations and conditions for certain individuals to have such access; requesting Supreme Court of Appeals promulgate rules regulating the publication and duplication of recorded interviews in the courts of this state, including use, duplication and publication by counsel, and to include in any such rule, limitations upon the publication, duplication, distribution or use of the recorded statements of a child;  creating the criminal offense of knowingly and willfully duplicating, or publishing a recorded interview in violation of the terms of a court order or the general confidentiality provisions; and establishing penalties therefor.