The House Judiciary Committee took up a bill dealing with releasing people charged with misdemeanor offenses on personal recognizance bonds. However, some legislators expressed concerns about the wording of the bill.

In Monday’s meeting, the committee heard from Deputy Corrections Commissioner Mike Coleman, of the West Virginia Corrections and Rehabilitation Department. Coleman described issues regarding the corrections system and the population problem occurring in regional and county jails across the state.

House Bill 2190 relates to the release of a criminal on a personal recognizance bond by a magistrate unless there is good cause shown.  This bill would only apply to misdemeanor offenses and is not pertinent to felony cases. 

The committee discussed the phrasing of “good cause” and what that phrasing would entail or how a magistrate would interpret it.  

The committee recessed and is scheduled to continue discussion at 2 p.m.

The House Judiciary Committee met Friday afternoon to discuss two bills that previously passed the House.

Before the committee’s discussion on these two bills though, the committee briefly discussed and amended House Bill 2185, which is a bill that relates to the removal of animals left unattended in cars. The committee discussed the bill in its morning meeting but took the bill up again to address an amendment.

After an amendment to this bill was adopted, the committee then voted to send it to the House. 

The next bill the committee took up was House Bill 2183, this bill would clarify where a charge of DUI may be brought against a person.  This would allow people who are under the influence and driving on their own property to be protected from DUIs and drunk driving offenses, unless injury is caused to another person. 

However, if a person crosses over into private property or a road/highway, then charges would be allowed. The committee passed this bill reported it to the floor.

Finally, the committee reviewed House Bill 2184 which removes restrictions on where traditional lottery games may be played.  This bill deals with the game “KENO,” which is currently offered in establishments that serve alcohol such as beer and liquor retailers as well as liquor stores. 

Recently, the Lottery Commission allowed Buffalo Wild Wings the rights for customers to play the game.  The bill would remove all restrictions on where the game is played and would make it available at any lottery retailer.  The game wasn’t restricted until 1994. A lottery official who presented to the committee said it was possibly taken off of the publicly playable list because of private interest. 

A similar bill also has been introduced in the Senate and is scheduled for first reading on Monday.

The committee will meet again on Monday, Janurary 14 at 10 a.m.

Two bills reported out of the House Judiciary Committee Friday, dealing with rescuing animals left unattended in vehicles and a bill clarifying the law related to appeals to the state Supreme Court.

In Friday morning’s meeting, the House Judiciary Committee took up House Bill 2185, which relates to removing animals left unattended in vehicles if their lives are in danger. The committee also took up House Bill 2164, which clarifies that appeals to the state Supreme Court are a matter of right.

The committee reported House Bill 2164 to the full House, recommending passage. House Bill 2185 was also referenced to the House Committee on Finance but members of the Judiciary Committee adopted a motion to request the dispensing of that second committee reference.

The committee adopted a strike and insert to House Bill 2185 to reflect a similar bill passed out of committee last session. Last session’s bill passed 96-1 in the House but died in the Senate. This bill seeks to address the problem of rescuing unattended animals in dangerous or deadly situations.

The bill permits Emergency Medical Service workers, humane officers, law enforcement and fire departments to rescue these animals. Under this bill, these people will be immune from criminal or civil liability resulting from removing the animal. However, the bill does not include members of the public as authorized to remove an animal from the vehicle.

These people are permitted to enter the vehicle if an animal is at risk of exposure to extreme temperatures or insufficient ventilation. However, they may not search the vehicle or seize items from the vehicle unless illegal substances are in plain sight.

There are 28 states that have laws prohibiting confining animals in vehicles under dangerous circumstances. Only West Virginia and New Jersey carry criminal penalties for mistreating animals, according to statistics presented by committee counsel. 

The bill imposes gradated penalties varying on a case-by-case basis. One of the penalties Delegate Tom Fast, R-Fayette, questioned dealt with prohibiting people from owning or living with an animal for five years following a misdemeanor conviction and 15 years following a felony conviction.

Fast proposed an amendment, which was adopted, to reflect a hypothetical situation of a farmer convicted regarding one animal. Fast’s amendment would give the judge discretion whether the farmer in this situation would have to remove all animals from his or her farm, following such a conviction. 

The committee adopted two other amendments— one clarifying the language to reflect that an agent would have to act in their official capacity in removing the animal from the vehicle, and another amendment to clarify that payment plans would be arranged for fees.  

The second bill, House Bill 2164, clarifies current court policy that appeals are a matter of right to the state Supreme Court. A similar bill passed unanimously in the House last year.

This bill codifies existing practice of the state Supreme Court but recognizes the Legislature endorses the court’s policy.

The bill states that all appeals will be afforded full, meaningful review, an opportunity to be heard by the state Supreme Court, and a written decision on the merits to be issued. If a litigant appeals a decision, the court must hear the appeal and must issue a memorandum decision reflecting the final disposition of the case.

The committee reported this bill to the full House.

In Friday’s floor session, the House of Delegates met briefly to recognize bills discussed by committees. 

The House Judiciary committee reported House Bill 2164 which helps clarify that appeals to the state Supreme Court are a matter of right. This bill is a bipartisan bill and its lead sponsor is Del. John Shott, R-Mercer, it is due for first reading on Monday, January 14^th.

The House also observed in Women’s and Girls day. Special guest, U.S. Sen. Shelly Moore Capito, was on the floor as well.

The House is adjourned until Monday, Janurary 14 at 11 p.m.