BILL-Governors Comm, Domestic
Senate Bill No. 160
(By Senator Grubb)
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[Introduced January 31, 1994; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section nine, article nine, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
governor's committee on crime, delinquency and corrections
to promulgate legislative rules relating to the protocol for
law enforcement response to domestic violence.
Be it enacted by the Legislature of West Virginia:
That section nine, article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS
TO PROMULGATE LEGISLATIVE RULES.
§64-9-9. Governor's committee on crime, delinquency and
corrections.
(a) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred eighty-eight,
modified by the governor's committee on crime, delinquency and
corrections to meet the objections of the legislative rule-makingreview committee and refiled in the state register on the
twentieth day of September, one thousand nine hundred eighty-
eight, relating to the governor's committee on crime, delinquency
and corrections (basic training academy, annual in-service and
biennial in-service training standards), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the governor's committee on crime, delinquency and
corrections to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
fifteenth day of January, one thousand nine hundred ninety-two,
relating to the governor's committee on crime, delinquency and
corrections (protocol for law-enforcement response to domestic
violence), are authorized with the amendments set forth below:
On page 1, section 2.1 by striking out the words "member of
the Department of Natural Resources,";
On page 1, by striking out subsection 2.2.4;
On page 1, by striking out section 3;
On page 4, section 6.2.1 after the word "home" by adding "or
business";
On page 6, section 6.4.6 by striking out the word "abuse";
On page 6, section 7.2.3 after the words "protective order"
by adding "and the officer has actual knowledge that a valid
protective order exists.";
On page 6, by striking out sections 7.2.4 and 7.2.5;
On page 7, by striking out section 7.3.5;
On page 8, section 7.5, following the word "prosecution", bystriking out the period and by adding the following proviso: ":
Provided, That this section does not authorize a search of the
premises unless a search warrant has been obtained or consent was
given by the occupant of the premises.";
On page 8, by striking out sections 7.6 and 7.7;
On page 8, section 8.1 by striking out the words "the
officer determines that a warrantless arrest is appropriate or
that";
On page 8, section 8.1 by striking out the words "in the
event that a warrantless arrest for a misdemeanor is authorized";
On page 8, section 8.1 by striking out the word "If" from
the sentence "If a warrant is necessary";
On page 9, by adding the following:
"9.1.4 Advise the victim or victims that upon request of
the victim or victims the officer will provide transportation
for, or facilitate transportation of the victim or victims to a
shelter or the appropriate court where there is reasonable cause
to believe that such victim or victims have suffered or are
likely to suffer physical injury.
9.1.5 Provide transportation for or facilitate
transportation of the victim or victims upon the request of such
victim or victims to a shelter or the appropriate court where
there is reasonable cause to believe that such victim or victims
have suffered or are likely to suffer physical injury.";
On page 10, section 10.7.1 by striking out the words "should
arrest the assailant upon probable cause to believe that a crime
has been committed" and inserting in lieu thereof the following"should arrest the assailant if the officer observes the
commission of a crime";
On page 11, section 11.3 by striking out the word "advise"
and inserting in lieu thereof the word "inform";
And,
On page 11, section 11.3 by striking out the remainder of
section 11.3 beginning with the words "the condition may
include".
(c) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety-three,
modified by the governor's committee on crime, delinquency and
corrections to meet the objections of the legislative rule-making
review committee and refiled in the state register on the first
day of November, one thousand nine hundred ninety-three, relating
to the governor's committee on crime, delinquency and corrections
(protocol for law enforcement response to domestic violence), are
authorized.
NOTE: The purpose of this bill is to authorize the
Governor's Committee on Crime, Delinquency and Corrections to
promulgate legislative rules relating to the protocol for law
enforcement response to domestic violence.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.