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Introduced Version Senate Bill 368 History

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Senate Bill No. 368

(By Senators Palumbo, Laird, Prezioso, Jenkins, Foster, Unger, Chafin, Plymale, McCabe, Wills, Snyder, Minard and Klempa)

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[Introduced February 1, 2011; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9-5, relating to requiring the Governor’s Committee on Crime, Delinquency and Correction to establish procedures for the investigation of child abuse and neglect investigations through the legislative rule-making process; and requiring establishment of an advisory committee to assist in the development of the rules.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-9-5, to read as follows:

ARTICLE 9. GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.

§15-9-5. Authorization for the promulgation of legislative rules.

    (a) The Governor's Committee on Crime, Delinquency and Correction shall develop and shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for state, county and municipal law-enforcement officers, law-enforcement agencies and communications and emergency operations centers which dispatch law-enforcement officers with regard to child abuse and neglect. The rules and procedures shall be consistent with the priority criteria prescribed by generally applicable department procedures.

    (b) Prior to the publication of the proposed rules, the Governor's Committee on Crime, Delinquency and Correction shall convene a meeting or meetings of an advisory committee to assist in the development of the rules. The advisory committee shall be composed of:

    (1) The Executive Director of the Prosecuting Attorneys Institute or his or her designee;

    (2) The Superintendent of the State Police or his or her designee;

    (3) One representative of law-enforcement with experience in investigation of child abuse and neglect cases representing municipalities appointed by the Executive Director of the Governor’s Committee on Crime, Delinquency and Correction;

    (4) The Commissioner of Bureau for Children and Families of the Department of Health and Human Resources or his or her designee;

    (5) A healthcare provider with pediatric experience and child abuse expertise;

    (6) The Director of the Division of Children’s Services of the Administrative Office of the Courts or his or her designee, as a nonvoting member;

    (7) The Director of the West Virginia Child Advocacy Network or his or her designee;

    (8) The Director of the West Virginia Development Disabilities Council or his or her designee;

    (9) An individual representing communications and emergency operations centers that will dispatch law-enforcement officers; and

    (10) Other persons or organizations who, in the discretion of the Executive Director of the Governor’s Committee on Crime, Delinquency and Corrections, have an interest in the development of this rule; Provided, That the total number of the advisory committee may not exceed sixteen.


    NOTE: The purpose of this bill is to require the Governor’s Committee on Crime, Delinquency and Correction to establish procedures for the investigation of child abuse and neglect investigations through the legislative rulemaking process.



    This section is new; therefore, strike-throughs and underscoring have been omitted.

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