Judiciary Committee reviews House Bill 3039 which relates to a courts consideration of the expression of a preference by a child in certain child custody matters.
The bill expands the courts consideration of the expression of a preference by children in certain child custody mattes by removing language giving priority to preferences of 14 year old children. Currently, when making a decision about the allocation of custodial responsibility, a factor to be considered is to accommodate the firm and reasonable preferences of a child who is 14 years of age or older and with regard to a child younger than 14, the child must be sufficiently matured that he or she can intelligently express a voluntary preference for one parent. The bill was reported to the house.
Senate Bill 361 relates generally to Public Defender Services. This bill is actually a hybrid bill that also encompasses Senate Bill 103. The bill seeks to authorize Public Defender Services to establish and operate a habeas division. The bill was reported to the house, but will be referred to the Finance committee.
House Bill 2975 relates to the imposition of sexual acts on persons incarcerated. The bill includes employees and contract employees of a day report center to those prohibited from engaging in sexual acts with those persons under their supervision. Currently, it is a felony for a parole officer employed by the Division of Corrections and an adult or juvenile probation officer employed by the WV Supreme Court to engage in sexual intercourse, sexual intrusion or sexual contact with a person the officer is charged with supervising. The bill will be reported to the House.
House Bill 2901 allows for the establishment of a secondary location for racetrack video lottery terminals. The purpose of this bill is to allow a licensed racetrack to establish a secondary location for racetrack video lottery terminals and racetrack table games at a location within the county as approved by the lottery commission. The bill will be reported to the House, but will be referred to the Finance committee.
House Bill 2980 is the Mine Trespass Act. The purpose of this bill is to create the Mine Trespass Act and establish misdemeanor and felony offenses for the trespass. The bill sets out findings and creates a new offense of mine trespass. The first offense is a misdemeanor, and subsequent offenses are felonies with increasing penalties. Certified coal miners who commit the act lose their license upon conviction.
Additional graduated penalties are provided for persons who commit the offense and cause the injury or death of others. The bill provides a hold harmless clause providing no person or entity may be held liable for the death of a trespasser, and provides there is no responsibility to effect a rescue in hazardous conditions. Finally, the bill relieves mine owners and rescuers of liability for environmental regulation violations occurring from rescue efforts. The bill will be reported to the House.
House Bill 2933 modifies the criminal penalties imposed on a parent, guardian or custodian for child abuse resulting in injury. This bill increases the penalty for abuse resulting in bodily or serious bodily injury; removes the crime of “abuse or neglect causing substantial risk of bodily injury”; and provides for enhanced penalties for subsequent offenses of “abuse causing substantial risk of serious bodily injury”; milder penalties for repeat offenses of “neglect causing substantial risk of serious bodily injury.” The bill will be reported to the House.
House Bill 2907 requires a form of a certified commitment order to the Division of Corrections and Rehabilitation. The bill seeks to amend the commitment order for felons to reflect the accurate distribution of costs and to create a form order for the commitment of convicted misdemeanants to the custody of the Division of Corrections and Rehabilitation. The bill will be reported to the House.
House Bill 2872 authorizes law-enforcement officers to assist the State Fire Marshal. This bill authorizes any state police officer, natural resources police officer, or any county or municipal law-enforcement officer to assist the State Fire Marshal or any of his or her employees authorized to enforce the provisions of this section in any duties for which the State Fire Marshal has jurisdiction. Additionally, it provides for the authorization of the state fire marshal, any full time deputy fire marshal, or any full-time assistant fire marshal employed by the state fire marshal to carry a firearm in the course of official duties. The bill will be reported to the House.
Senate Bill 387 relates generally to extradition. This bill authorizes the Governor seek return of fugitives found in other states or District of Columbia. The bill will be reported to the House.
Senate Bill 373 relates to financial responsibility of inmates. The purpose of this bill is to allow the Division of Corrections to withhold monies received by inmates form court judgments and civil settlements even if an awarding court fails to deduct such obligates monies form the initial award. The bill also includes settlements as well as judgments. The bill will be reported to the House.
Senate Bill 358 relates to exempting purchasing division purchases for equipment to maintain security at state facilities. The purpose of this bill is provide the DPS (a division of the Department of Military Affairs and Public Safety (DMAPS)) a limited exemption from the requirement to purchase goods through the Purchasing Division of the Department of Administration. The exemption would apply only to “equipment necessary to maintain security at the Capitol Complex and other state facilities” as may be determined by the Secretary of DMAPS. The bill will be reported to the House.
Senate Bill 356 authorizes Division of Corrections and rehabilitation to release certain information to county prosecutors and US attorneys. The purpose of this bill is to require the Department of Military Affairs and Public Safety to release certain information to county prosecutors of this state and United States Attorneys which are required for the prosecution of a criminal action. The bill will be reported to the House.
House Bill 3083 adds temporary work during the legislative session as exclusion to the term employment for purposes of unemployment compensation. This bill will be reported to the House.
House Bill 2931, clarifying that the State Lottery Commission has no authority over non lottery games was appointed to a subcommittee due to much confusion over the bill.
House Bill 2966 is the County Budget Flexibility Act. This bill authorizes county commissions to create a Future Needs Fund for the purpose of depositing unused moneys at the end of a fiscal year. The bill provides that funds deposited into a Future Needs Fund may only be used for purposes otherwise permitted in code during the next fiscal year or future fiscal years. The bill will be reported to the House.
Senate Bill 270, streamlining process for utilities access to DOH rights-of-way. This is a follow up to the broadband bills passed last year, Senate Bill 445 and House Bill 4447. After their passage last year there have been many interested stakeholders in broadband and the rights of way. There was then a determination by the governor to not charge companies so that our main focus can just be on the expansion of broadband. The bill will be reported to the House.
TH
