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Introduced Version Senate Bill 392 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 392

(By Senators Kessler, Palumbo, White and Chafin)

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[Introduced February 26, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §48-27-802 of the Code of West Virginia, 1931, as amended, 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 to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-802. Maintenance of registry by the 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 jurisdiction 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) A petitioner who obtains a protective order pursuant to this article, or a protection order from another jurisdiction pursuant to its law, may register that order in any county within this state where the petitioner believes enforcement may be necessary: Provided, That effective January 1, 2010, a petitioner who obtains a protective order pursuant to article twenty-seven, chapter forty-eight of this code, or a protective order from another jurisdiction pursuant to its laws, may register that order 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) 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.


NOTE: The purpose of this bill is to allow protective orders to be registered with the West Virginia Supreme Court of Appeals to be entered into the Domestic Violence Database as provided in section twenty-one, article one, chapter fifty-one.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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