Sunday, May 5, 2024
Sunday, May 5, 2024

House Passes Bill Providing Definitions and Removing Marriage Exemption to Sexual Assault

Today, the House Rules Committee moved House Concurrent Resolution to the floor. The committee also moved Senate Bill 17 and House Bill 4700 from the active Special Calendar to the inactive House Calendar. Additionally, the committee moved House Bill 5243 to the active Special Calendar. 

House Bill 5243 sets forth the definitions of sex, female, male, woman, man, girl, boy, mother, father, and equal within the WV Code. The bill provides for single-sex environments. The bill was amended to remove the current marriage exemption in the code relating to sexual assault. 

The bill struck up a long debate both on the amendment stage last week and the passage stage today. 

Proponents stated the bill provides definitions and works to prevent women from being displaced in spaces made for them. The bill also states that in regard to data collection related to sex, that data sets should be collected as either male or female. Proponents said the intention of the bill is to protect young girls and women from biological males in sports and vulnerable spaces. It was stated that this bill protects Title 9. It was stated that the bill’s definition of equal allows for gendered sports, the separate female teams and male teams. 

Opponents expressed fear that this bill could affect the Human Rights Act and seemed to be set up to take away rights. They stated that the bill wasn’t about women’s rights but unifying against a “perceived threat.” Opponents stated individuals who are born with sex organs of both male and female are not addressed thoroughly in the bill. They noted that the legislation is identical to legislation in other states and stated the legislation is not cookie-cutter. 

The bill passed the House with 87 in favor and 12 opposed. 

Senate Bill 219 clarifies the elements of a crime by providing definitions for individuals engaged in the illegal use of controlled substances and seeking medical assistance. If a person is in the physical presence of another engaged in illegal drug use where the other suffers an overdose and the person fails to seek medical attention by contacting 911 or any first responder, then that person is guilty of a felony and shall be imprisoned for one to five years. 

Several bills were amended today, including:

House Bill 4297 recognizes correctional officers as law enforcement without obtaining certification requirements. The Commissioner of the Division of Corrections and Rehabilitation shall consult with LEOSA to create a training course specifically for correctional officers. The bill states COs may detain and arrest individuals in violation of state law on any Division of Correction and Rehabilitation property. The amendment clarifies that the bill does not expand the scope of law-enforcement powers to COs, correctional peace officers, or Corrections Special Operation Team officers. 

House Bill 4943 creates regulations for home-based businesses. The amendment reverted back to the introduced version, doing away with the committee’s version. 

The House is adjourned until tomorrow, February 15, 2023, at 11 a.m.

Committee Meetings, today Feb. 14
The Education Committee will meet at 1:30 p.m. in Room 434.
The Finance Committee will meet at 1:45 p.m. in Room 460 for Budget Hearings, a meeting to follow. Feb.
The Judiciary Committee will meet at 2 p.m. in Room 410. 
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow Feb. 15
 The Committee on Jails and Prisons will meet at 9 a.m. in Room 410.
The Committee on Seniors, Children, and Families will meet at 9:15 a.m. in Room 215E.
The Committee on Fire Departments and EMS will meet at 9:30 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 460.
The Committee on Technology and Infrastructure will meet at 2 p.m. in Room 434.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E. 
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.

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