The House Judiciary Committee met Tuesday morning to review three bills addressing human smuggling, drug testing, and juvenile jurisdiction, and heard a presentation on the Office of the Inspector General.
House Bill 4433 updates current law by increasing penalties for knowingly transporting undocumented individuals.
The bill would require a minimum of five years in prison before parole eligibility for those convicted.
The bill also adds a legal definition of “illegal alien” under state human trafficking law and makes undocumented individuals ineligible for restitution.
“My concern is that this will subject people of faith to criminal penalties and time in jail”, Del. Evan Hansen (D) – Monongalia, 079), minority chair of the Energy and Public Works Committee said. “For a lot of people, religion is not just about going to church or praying; it’s about taking care of the poor, needy, and immigrants.”
Del. Hansen expressed concerns that the bill could increase the presence of ICE agents in West Virginia, noting that the state already has approximately 300 ICE detainees, which only adds to the overcrowding in West Virginia jails. He stated that three-quarters of the individuals that ICE is detaining have no criminal records and are not in the country illegally.
Supporters of the legislation stated their belief that those helping undocumented individuals have been of taking advantage of a lax system of laws.
“Our compassion has been exploited for too long, and the perpetual amnesty cries and the facilitating of the invasion of this country have gone on for far too long. I strongly support this bill”, Del. Joe Funkhouser (R – Jefferson, 098) said.
The bill was reported to the House with the recommendation that it do pass.
Next, the Inspector General for the West Virginia Department of Health Facilities, Ann Urling, presented a report to the Committee about the role of Inspectors General.
Urling states that their mission is to promote efficiency, transparency, and accountability in the integrity of the Department of Health and Human Services.
Following, the Committee discussed House Bill 4169, which expands who is authorized to complete and verify a mental health examination.
The bill removes language limiting examinations for licensed psychologists or psychiatrists and instead allows a verified certificate of mental health examination to be completed by a:
* Physician
* Psychologist
* Licensed professional counselor (LPC)
* Licensed independent clinical social worker (LICSW)
* Advanced nurse practitioner with psychiatric certification, practicing in compliance with state code
* Psychiatric assistant, practicing in compliance with state code
The bill was advanced and marked up for further discussion.
Next, the Committee advanced House Bill 4364, which clarifies how juvenile cases are handled on military installations and allows the state to regain exclusive jurisdiction in certain cases currently under federal authority.
The bill was advanced and marked up for further discussion.
