The House Judiciary and Subcommittees met Monday morning to discuss House Bills 4352, 4358, 4433, 4044, 4364, 4415, 4169, 4473, and 4484.
House Judiciary
HB4352 prohibits the usage of surveillance and recordings in bedrooms and bathrooms of foster children under any circumstance, with the exception of children with medical diagnoses, and devices cannot be hidden if done so.
The bill was recommended for passage.
HB4358 establishes the Pilot Program for Public Guardian Ad Litem Services.
The bill was recommended for passage.
HB4433 amends the concepts of human trafficking and adds laws against human smuggling
The committee advanced the bill to the markup and discussion phase, where members will discuss potential amendments before deciding to move the legislation forward.
Courts
HB4044 would amend current law to require hair follicle drug testing of parents or guardians in substantiated cases of child abuse or neglect.
The bill authorizes circuit courts to use the testing to assess controlled substance use over the prior 90 days and requires a neurological evaluation when the child is two months old or younger. Attempts to tamper with hair to avoid testing would be treated as a positive result.
The bill was reported to the Judiciary.
HB4477 would grant the West Virginia Attorney General prosecutorial authority over county and municipal elected officials in cases involving alleged election fraud, corruption, or related misconduct.
The bill has been scheduled for a mark-up and discussion, and will be taken up at the committee’s next meeting.
Homeland Security
HB4364 would amend and reenact state law relating to juvenile jurisdiction on military installations.
The bill addresses concurrent juvenile jurisdiction and would allow exclusive federal legislative jurisdiction to be transferred back to the state in cases involving juveniles.
The bill was reported to the Standing Committee on Judiciary.
HB4415 would create a state-level offense for attempting to smuggle contraband into federal correctional institutions.
Lead sponsor of the bill, Del. David Green (R – McDowell, 036), said the legislation was introduced in response to over a dozen attempted contraband smuggling incidents over the past two years, including the use of drones.
The bill would allow the state to prosecute individuals who attempt to bring contraband into federal facilities.
The committee advanced the bill to the markup and discussion phase, where members will discuss potential amendments before deciding to move the legislation forward.
House Legal Services
HB4169 would amend and reenact state law to align mental health examination requirements with those used for involuntary hospitalization proceedings.
The bill addresses individuals who are prohibited from possessing firearms under federal law solely due to a prior adjudication related to mental health status.
The bill was reported to the Standing Committee on the Judiciary.
HB4473 would authorize the West Virginia Supreme Court to establish rules allowing for the limited practice of law by nonlawyers. The bill grants the court the discretion to establish parameters and limitations for such practice.
The committee advanced the bill to the markup and discussion phase for further consideration.
HB4484 would give county commissions the same authority as municipalities to sell or lease property, providing counties with greater flexibility in managing local assets.
The committee advanced the bill to the markup and discussion phase.
