HB4364 S MIL AM #1 3-1
Wolfe 7816
The Committee on the Military moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
The State of West Virginia reserves the right to execute process, whether juvenile, civil, or criminal, within the limits of any lot or parcel of land heretofore or hereafter acquired by the United States as aforesaid, and such other jurisdiction and authority over the same as is not inconsistent with the jurisdiction ceded to the United States by virtue of such acquisition.
(a) Consent of State. The consent of this state is hereby given to the establishment of concurrent jurisdiction with the United States in and over any land acquired, or to be acquired, in this state by the United States for military purposes. Land acquired by the United States for military purposes includes, but is not limited to, land in this state that is acquired by the United States for use by the United States Armed Forces, the West Virginia National Guard, or any other federal department or agency for military purposes.
(b) Administrative Authority Delegated. The Governor shall accept a request by the United States to establish concurrent jurisdiction over any land within the boundaries of this state acquired by the United States for military purposes, which acceptance shall be effective when each of the following have occurred:
(1) Request. To request concurrent jurisdiction under this section, the principal officer of a military installation in the state or any other authorized representative of the United States having supervision and control over the land for which concurrent jurisdiction is sought shall send a written request for concurrent jurisdiction to the Governor. The request shall:
(A) Clearly state the subject matter for the concurrent jurisdiction request, specifically identifying whether it includes juvenile delinquency and status offenses committed on the land for which concurrent jurisdiction is sought;
(B) Provide a metes and bounds description of the boundary of the concurrent jurisdiction request; and
(C) Indicate whether the request includes future contiguous expansions of land acquired for military purposes.
(2) Acceptance. The Governor shall send a written acceptance of the request for concurrent jurisdiction to the party who sent the request. The written acceptance shall confirm each of the elements of the request that are accepted.
(3) Filing. Upon accepting a request for concurrence jurisdiction, the Governor shall cause the following to be recorded and indexed with the Secretary of State:
(A) The written request for concurrent jurisdiction;
(B) The written acceptance; and
(C) The metes and bounds description of the land subject to concurrent jurisdiction.
Upon filing, the Governor shall cause a certified copy of the recorded documents to be sent to the party who sent the request for concurrent jurisdiction.
(c) Local Agreements Authorized. Upon the establishment of concurrent jurisdiction, any
state or local agency may enter into a reciprocal agreement or memorandum of understanding with any agency of the United States for coordination and designation of responsibilities related to the concurrent jurisdiction.
(a) The circuit court has original jurisdiction of proceedings brought under this article. A person under the age of 18 years who appears before the circuit court in proceedings under this article is a ward of the court and protected accordingly.
(b) If during a criminal proceeding in any court it is ascertained or appears that the defendant is under the age of 19 years and was under the age of 18 years at the time of the alleged offense, the matter shall be immediately certified to the juvenile jurisdiction of the circuit court. The circuit court shall assume jurisdiction of the case in the same manner as cases which are originally instituted in the circuit court by petition.
(c) Notwithstanding any other provision of this article, magistrate courts have concurrent juvenile jurisdiction with the circuit court for a violation of a traffic law of West Virginia, for a violation of §60-6-9, §16-9A-3 or, §16-9A-3-4, or §11-16-19 of this code, or for any violation of Chapter 20 of this code. Juveniles are liable for punishment for violations of these laws in the same manner as adults except that magistrate courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.
(d) Notwithstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic, for any municipal curfew ordinance which is enforceable or for any municipal ordinance regulating or prohibiting public intoxication, drinking or possessing alcoholic liquor or nonintoxicating beer in public places, any other act prohibited by §60-6-9 or §11-16-19 of this code or underage possession or use of tobacco or tobacco products, as provided in §16-9A-1 et seq. of this code. Municipal courts may impose the same punishment for these violations as a circuit court exercising its juvenile jurisdiction could properly impose, except that municipal courts have no jurisdiction to impose a sentence of incarceration for the violation of these laws.
(e) A juvenile may be brought before the circuit court for proceedings under this article only by the following means:
(1) By a juvenile petition requesting that the juvenile be adjudicated as a status offender or a juvenile delinquent; or
(2) By certification or transfer to the juvenile jurisdiction of the circuit court from the criminal jurisdiction of the circuit court, from any foreign court, or from any magistrate court or municipal court in West Virginia.
(f)(1) If a juvenile commits an act which would be a crime if committed by an adult, and the juvenile is adjudicated delinquent for that act, the jurisdiction of the court which adjudged the juvenile delinquent continues until the juvenile becomes 21 years of age. The court has the same power over that person that it had before he or she became an adult, and has the power to sentence that person to a term of incarceration: Provided, That any term of incarceration may not exceed six months. This authority does not preclude the court from exercising criminal jurisdiction over that person if he or she violates the law after becoming an adult or if the proceedings have been transferred to the court's criminal jurisdiction pursuant to section seven hundred four of this article.
(2) If a juvenile is adjudicated as a status offender because he or she is habitually absent from school without good cause, the jurisdiction of the court which adjudged the juvenile a status offender continues until either the juvenile becomes 21 years of age, completes high school, completes a high school equivalent or other education plan approved by the court, or the court otherwise voluntarily relinquishes jurisdiction, whichever occurs first. If the jurisdiction of the court is extended pursuant to this subdivision, the court has the same power over that person that it had before he or she became an adult. No person so adjudicated who has attained the age of 19 may be ordered to attend school in a regular, nonalternative setting.
(g) A juvenile is entitled to be admitted to bail or recognizance in the same manner as an adult and be afforded the protection guaranteed by Article III of the West Virginia Constitution.
(h) A juvenile has the right to be effectively represented by counsel at all stages of proceedings under this article, including participation in multidisciplinary team meetings, until the child is no longer under the jurisdiction of the court. If the juvenile or the juvenile's parent or custodian executes an affidavit showing that the juvenile cannot afford an attorney, the court shall appoint an attorney, who shall be paid in accordance with §29-21-1 et seq. of this code.
(i)(1) In all proceedings under this article, the juvenile will shall be afforded a meaningful opportunity to be heard. This includes the opportunity to testify and to present and cross-examine witnesses. The general public shall be excluded from all proceedings under this article except that persons whose presence is requested by the parties and other persons whom the circuit court determines have a legitimate interest in the proceedings may attend.
(2) In cases in which a juvenile is accused of committing what would be a felony if the juvenile were an adult, an alleged victim or his or her representative may attend any related juvenile proceedings, at the discretion of the presiding judicial officer.
(3) In any case in which the alleged victim is a juvenile, he or she may be accompanied by his or her parents or representative, at the discretion of the presiding judicial officer.
(j) At all adjudicatory hearings held under this article, all procedural rights afforded to adults in criminal proceedings shall be afforded the juvenile unless specifically provided otherwise in this chapter.
(k) At all adjudicatory hearings held under this article, the rules of evidence applicable in criminal cases apply, including the rule against written reports based upon hearsay.
(l) Except for res gestae, extrajudicial statements made by a juvenile who has not attained 14 years of age to law-enforcement officials or while in custody are not admissible unless those statements were made in the presence of the juvenile's counsel. Except for res gestae, extrajudicial statements made by a juvenile who has not attained 16 years of age but who is at least 14 years of age to law-enforcement officers or while in custody, are not admissible unless made in the presence of the juvenile's counsel or made in the presence of, and with the consent of, the juvenile's parent or custodian, and the parent or custodian has been fully informed regarding the juvenile's right to a prompt detention hearing, the juvenile's right to counsel, including appointed counsel if the juvenile cannot afford counsel, and the juvenile's privilege against self-incrimination.
(m) A transcript or recording shall be made of all transfer, adjudicatory and dispositional hearings held in circuit court. At the conclusion of each of these hearings, the circuit court shall make findings of fact and conclusions of law, both of which shall appear on the record. The court reporter shall furnish a transcript of the proceedings at no charge to any indigent juvenile who seeks review of any proceeding under this article if an affidavit is filed stating that neither the juvenile nor the juvenile's parents or custodian have the ability to pay for the transcript.
(n) The jurisdiction of the circuit court is concurrent with that of the U.S. District Court for the federal district in which the circuit court is located over proceedings arising from an alleged violation of federal law by a juvenile on land in this state acquired by the United States for military purposes if:
(1) The U.S. District Court with jurisdiction waives exclusive jurisdiction; and
(2) The alleged violation of federal law is a juvenile delinquency or status offense under the laws of this state.
Land acquired by the United States for military purposes includes, but is not limited to, land in this state that is acquired by the United States for use by the Armed Forces, the West Virginia National Guard, or any other federal department or agency for military purposes.
Adopted
Rejected