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Committee Substitute House Bill 2738 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 2738

(By Delegates Webster, Miley, Fleischauer and Longstreth)

(Originating in the House Committee on the Judiciary)



[February 25, 2009]


A BILL to amend and reenact §48-27-802 of the Code of West Virginia, 1931, as amended, and to amend and reenact §51-1-21 of said code, all relating to registering protective orders with the West Virginia Supreme Court of Appeals.

Be it enacted by the Legislature of West Virginia:
That §48-27-802 of the Code of West Virginia, 1931, as amended, be amended and reenacted, and that §51-1-21 of said Code be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-802. Maintenance of registry by State Police.
(a) The West Virginia State Police shall maintain a registry in which it shall enter certified copies of protective orders entered by courts from every county in this state pursuant to the provisions of this article and of protection orders issued by another a jurisdiction outside of this state pursuant to its law: Provided, That the provisions of this subsection are not effective until a central automated state law-enforcement information system is developed. (b) Effective January 2, 2010, A petitioner who obtains a court which enters a protective order pursuant to this article shall immediately register such order in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code. or A petitioner who obtains a protection order from another a jurisdiction outside of this State pursuant to its law may register that order in any county within this state where the petitioner believes enforcement may be necessary: with the West Virginia Supreme Court of Appeals for entry in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code.
(c) A West Virginia protective order may be registered by the petitioner in a county other than the issuing county by obtaining a copy of the order of the issuing court, certified by the clerk of that court, and presenting that certified order to the local office of the West Virginia State Police where the order is to be registered.
(d) Upon receipt of a certified order for registration, the local office of the West Virginia State Police shall provide certified copies to any law-enforcement agency within its jurisdiction, including any municipal police office and the office of the sheriff.
(e) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order in the county in which an alleged violation of the order occurs.
(f) Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Authority to maintain domestic violence database.
(a) The West Virginia Supreme Court of Appeals is hereby authorized to maintain a domestic violence database containing certified copies of protective orders entered by the courts of this state and granted pursuant to the provisions of article twenty-seven, chapter forty-eight of this code. Further, the domestic violence database shall also include, whenever possible upon request, protective protection orders issued by other jurisdictions a jurisdiction outside of this State pursuant to its law.
(b) Only a petitioner who obtains a protective order pursuant to article twenty-seven, chapter forty-eight of this code, or a protective protection order from another a jurisdiction other than this State pursuant to its law may register that order with the West Virginia Supreme Court of Appeals.
(c) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order with the West Virginia Supreme Court of Appeals. Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
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