H. B. 2578

(By Delegates Hunt, Linch, Compton, Faircloth,

Jenkins and Riggs)


[Introduced February 1, 1999; referred to the Committee

on the Judiciary.]




A BILL to amend and reenact section three, 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 correction to promulgate a legislative rule relating to the protocol for law enforcement response to domestic violence .

Be it enacted by the Legislature of West Virginia:

That section three, 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.

§64-9-3. Governor's committee on crime, delinquency and correction.

(a) The legislative rule filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-seven, under the authority of section three, article twenty-nine, chapter thirty of this code, modified by the governor's committee on crime, delinquency and correction to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventh day of January, one thousand nine hundred ninety- eight, relating to the governor's committee on crime, delinquency and correction (basic training academy, annual in-service and biennial in-service training standards, 149 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-seven ninety-eight, authorized under the authority of section nine, article two-a, chapter forty-eight of this code, modified by the governor's committee on crime, delinquency and correction to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventh ninth day of January November, one thousand nine hundred ninety-eight, relating to the governor's committee on crime, delinquency and correction (protocol for law enforcement response to domestic violence, 149 CSR 3), is authorized with the amendments set forth below:
On page six, by adding a new subsection 5.2 to read as follows:
"5.2 A dispatcher, who receives a domestic call for an incident which occurred or is occurring outside the jurisdiction of the police department or police departments which supervise the dispatcher, shall immediately notify a police department in the appropriate jurisdiction.
";
And,
On pages six and seven, be renumbering the remaining subsections.


NOTE: The purpose of this bill is to authorize the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule 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.