HB5466 Pushkin HFA 3-3
Altizer - 3259
Delegate Pushkin moves to amend HB5466 on page 9, following the period after Section 701 on line 54, by inserting the following:
(b) The Supreme Court of Appeals is authorized to shall assign appropriate judicial officers for five one pilot domestic violence courts in any jurisdiction chosen by the Supreme Court of Appeals court in Kanawha County. Judicial officers so assigned have the authority and jurisdiction to preside over criminal misdemeanor crimes of domestic violence involving family or household members as defined in §48-27-204 (1) through (6) and §48-27-204 (7)(A), (B), and (H), of this code, relating to offenses §61-2-9 (b) and (c), of this code, misdemeanor violations of §61-2-9a of this code, misdemeanor violations of §61-2-28 of this code, misdemeanor offenses under §61-3-1 et seq. of this code where the alleged perpetrator and the victim are said family or household members, §61-7-7 (7) and (8), of this code and civil and criminal domestic violence protective order proceedings as provided in this article. The judicial officer chosen for any domestic violence court may be a current or senior status circuit judge, family court judge, temporary family court judge or magistrate. The Supreme Court of Appeals is requested to shall maintain statistical data to determine the feasibility and effectiveness of any the domestic violence court established by the provisions of this section. The Supreme Court shall report to the President of the Senate and the Speaker of the House of Delegates regarding the program's efficacy prior to the regular sessions of the Legislature in 2027 and 2028.
(c) The assigned judicial officer in a domestic violence court does not have jurisdiction to preside over any felony crimes unless the assigned judicial officer is a circuit court judge."