Tuesday, May 7, 2024
Tuesday, May 7, 2024

House Judiciary Advances Criminal Offense Expungement Bill

The Judiciary committee advanced a bill dealing with criminal offense expungement, expanding the Second Chance for Employment Act. 

Senate Bill 152 relates generally to criminal offense expungement. This bill is an expansion on a bill that passed in 2017, Senate Bill 76. This previous bill only applied to non-violent misdemeanors. The current bill would add non-violent felonies to this statute.

This bill expands expungement of nonviolent felonies, sets a timeframe for expungement, and incorporates the governor’s “Jim’s Dream” program for second chance programs. The strike and insert bill will next head to the House Finance Committee.

The Judiciary Committee also reviewed House Bill 2321, which would allow workers compensation benefits for first responders diagnosed with post-traumatic stress disorder. The committee briefly discussed the bill and what it incorporated but decided it would be reviewed by a subcommittee.

The Judiciary Committee advanced House Bill 2365, which relates to the definition of employee for the purposes of unemployment compensation and worker’s compensation. This bill amends state code to standardize the “independent contractor” inquiry. This bill incorporates the 20 factor test, which is used by the IRS, into worker’s compensation and unemployment compensation cases. This bill next heads to the House floor.

Another bill the committee discussed was House Bill 2481. which would permit retail liquor licenses to sell alcoholic beverages from 10 a.m. to 10 p.m. on Sundays. This would only apply to beer and wine. The committee reported this bill to the House.

The Judiciary Committee also discussed House Bill 2686, which relates to permitting the Supreme Court of Appeals of West Virginia to create a family drug court pilot program. Currently, state code does not provide for Family Drug Treatment Courts.

This would permit family drug court programs and would only operate with abuse and neglect cases. This bill also establishes a state advisory committee, which would provide more local involvement in treatment courts. The bill passed the committee and was reported to the House.

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