Saturday, April 27, 2024
Saturday, April 27, 2024

Raylee’s Law Amended into House Bill 5180

The House of Delegates passed 34 bills today.

House Bill 5180 removes certain requirements for standardized achievement tests for homeschooled children. The bill was amended to include Raylee’s Law, a bill that has been offered for the past few years, including this year.

The amended bill would allow a county superintendent to delay the authorization of homeschooling of a currently enrolled public-school student if there is a pending abuse or neglect investigation against the custodial parent/guardian with whom the child resides, or the person instructing the child. The report initiating the investigation must be from the schoolteacher or other school personnel within the child’s school district, a mandatory reporter.

County superintendents shall develop and institute a policy that they are context when reports of suspected abuse or neglect are reported. Once the superintendent has been notified, they must request confirmation from the Department of Human Service. The Department must confirm within 48 hours of the request. If the complaint is not substantiated within 14 days of initiation, the superintendent shall authorize homeschooling. The purpose of this amendment is to protect a child from being pulled from public school once a report of abuse or neglect is made.

The amendment was adopted, and the bill passed with 99 in favor, none opposed, and one absent. The bill advances to the Senate.

House Bill 4621 prohibits the public dissemination or publishing of a booking photo unless the person pleads guilty, the person is a fugitive, the person is an imminent threat to an individual or public safety, or a judge orders the release of the booking photo based on legitimate interest. The bill also requires the remove-for-pay publications or websites to remove unauthorized photos at no cost.

The debate on this bill was lengthy. Proponents felt this bill is important to protect those who are innocent until proven guilty. They stated that in the court of public opinion, booking photos sway to the presumption of guilt. When booking photos are released, it can make finding jurors difficult because they may have already seen the photo and assumed the person is guilty. They stated the publishing of these photos can hurt people’s career and job prospects, even if they were not guilty of the crime. They also took issue with publishers holding these photos “for ransom” to be removed. Proponents also noted that the arrested individual’s name and age can still be released.

Opponents stated that booking photos should be released to not only protect the victim and public but to also protect the defendant. They stated with the release of a photo, the individual’s family will know where to find them. They stated that only releasing names could be confusing as individuals could have the same name.

The bill passed 54 in favor and 46 opposed. The bill advances to the Senate.

House Bill 4744 requires the WV Parkways Authority to hold public hearings with 14 days’ notice in each county through which the Turnpike passes when proposing increases to the toll rates. Each person attending must be given the opportunity to speak at the public hearing. The Authority must show operational or maintenance cause for the rate increase.

House Bill 5151 adjusts the definition of “fictive kin” to include foster parents with whom the child has previously been placed.

The House is in recess until 4:30 p.m.

The House reconvened to take up bills on second and first reading. Several bills were amended.

The House is adjourned until 8 a.m. tomorrow, February 28.

Committee Meetings today, Feb. 27 
The Finance Committee will meet at 3:30 p.m. in Room 460. 
The Committee on Economic Development and Tourism will meet at 3:30 p.m. in Room 410.
The Committee on Technology and Infrastructure will meet at 3:45 in Room 434.

The Committee on Government Organization will hold a public hearing on SB 714 – Transferring duties and licensing from Board of Osteopathic Medicine to Board of Medicine at 4:30 p.m. on Tuesday, February 27, 2024 in Room 215E. Due to no speakers in attendance, the public hearing adjourned shortly after gaveling in.

Committee Meetings tomorrow, Feb. 28
The Rules Committee will meet at 7:45 a.m. behind the House Chamber.

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