SB128 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 128
(By Senators Kessler, Dawson, Minard, Oliverio, Redd, Ross,
Snyder, Deem, Bowman, McKenzie, Edgell, Hunter, Mitchell,
Fanning and Helmick)
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[Originating in the Committee on the Judiciary;
reported January 19, 2000.]
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A BILL to amend and reenact section two, article two-a, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to redefining
certain terms for purposes of domestic or family violence
proceedings.
Be it enacted by the Legislature of West Virginia:
That section two, article two-a, chapter forty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. PREVENTION AND TREATMENT OF DOMESTIC AND FAMILY
VIOLENCE.
§48-2A-2. Definitions.
As used in this article, unless the context clearly requires
otherwise:
(a) "Family violence", "domestic violence", "domestic or
family violence" or "abuse" means the occurrence of one or more
of the following acts between family or household members, as
that term is defined in subsection (b) of this section:
(1) Attempting to cause or intentionally, knowingly or
recklessly causing physical harm to another with or without
dangerous or deadly weapons;
(2) Placing another in reasonable apprehension of physical
harm;
(3) Creating fear of physical harm by harassment,
psychological abuse or threatening acts;
(4) Committing either sexual assault or sexual abuse as
those terms are defined in articles eight-b and eight-d, chapter
sixty-one of this code; and
(5) Holding, confining, detaining or abducting another
person against that person's will.
(b) "Family or household member" means persons related by
blood within the degree of consanguinity of second cousin,
persons related by a current or former marriage, current or former spouses, persons living as spouses, persons who formerly
resided as spouses, parents, children and stepchildren, current
or former sexual or intimate partners, persons who are dating or
who have dated, persons who are presently residing or cohabiting
together or in the past have resided or cohabited together or a
person with whom the victim has a child in common.
(c) "Program for victims of domestic or family violence"
means a licensed program for victims of domestic or family
violence and their children, which program provides advocacy,
shelter, crisis intervention, social services, treatment,
counseling, education or training.
(d) "Program of intervention for perpetrators" means a
licensed program, where available, or if no licensed program is
available, a program that:
(1) Accepts perpetrators of domestic or family violence into
educational intervention groups or counseling pursuant to a court
order; or
(2) Offers educational intervention groups to perpetrators
of domestic or family violence.
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(NOTE: The purpose of this bill to expand the definition of
"family or household member" for purposes of domestic or family
violence.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)
This bill has been recommended by the Joint Judiciary
Subcommittee on Domestic Relations for passage this session.