The Senate Judiciary Committee has approved four bills to be reported to the floor with the recommendation that they pass.
SB 288 would double the penalties for child abuse offenses.
Senate President Mitch Carmichael spoke in support of the bill and told the story of the “heinous crime” of sexual abuse committed against former 10-month-old Emmaleigh Barringer, for whom the bill is dedicated and named after.
SB 243 would repeal statutory language authorizing a minor over age of fourteen years to nominate a guardian.
Kenneth Ballard, president of the West Virginia Family Court Association, said the association does not take a position on the bill, since it is more of a policy issue best left to the committee.
Lisa Tackett of the West Virginia Supreme Court was available to answer questions from the committee about family court services.
Local lawyer David McMahon spoke against one provision of the bill related to the factor of caretaking in determining custody.
McMahon said how much a guardian provides care to a child both before and after separation with a spouse should be the primary factor looked at before determining others, as it is in current law, rather than just as an equal factor with others as it is presented in the bill.
Orgininating Bill 4 would correct a technical issue in a Code section related to the State Police.
Captain Reginald Patterson of the West Virginia State Police was present to briefly explain the bill’s provisions.
SB 69 would create the Sexual Assault Survivors’ Bill of Rights.
The bill would give victims more control over what happens with sexual assault evidence collection kits and ensures that they will actually be tested, rather than just stored.
Senator Patricia Rucker, R-Jefferson, made an amendment that would require restricted deliveries of certified mail notifications related to the progress of the tests and would also make provisions for if the mail is left unclaimed.
Senator Ronald Miller, D-Greenbrier, asked the Chair that the bill’s second reference to Senate Finance be requested to be removed, since the fiscal note shows no additional cost to the state for the bill’s enaction. His request was accepted.
The committee also looked over another bill that was only up for discussion today and will be decided upon in a future meeting.
The bill on layover, SB 576, would provide an exception to waste for certain oil and gas development and encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by two thirds of the mineral interest owners is permissible, is not waste, and is not a trespass.
