COMMITTEE SUBSTITUTE

FOR

H. B. 4052


(By Delegates Longstreth, Poling, Caputo, Manchin and Martin) (Originating in the Committee on the Judiciary)


[January 27, 2006]


A BILL to amend and reenact §48-27-307 of the Code of West Virginia, 1931, as amended, relating to domestic violence generally; and providing that alleged victims may have a person of their choice to accompany them when being interviewed by law-enforcement personnel or the prosecuting attorney except when the accompanying person is the person accused of domestic violence in the petition sought.

Be it enacted by the Legislature of West Virginia:
That §48-27-307 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.
§48-27-307. Persons accompanying petitioner.
No person accompanying a person who is seeking to file a petition under the provisions of this article is precluded from being present if his or her presence is desired by the person seeking a petition unless the person's behavior is disruptive to disrupts the proceeding: Provided That no person accused of the domestic violence at issue in the petition sought is allowed to attend as the accompanying person.
An alleged victim of domestic violence has the right to have a person of his or her choosing to be present at any interview or meeting with law-enforcement personnel or with the prosecuting attorney. At the beginning of any meeting or interview with an alleged victim of domestic violence, the law-enforcement officer or the prosecuting attorney shall inform the alleged victim of the right to have a person of his or her choosing present during the interview or meeting.



NOTE: The purpose of this bill is to provide that alleged victims of domestic violence or abuse have the right to have a person of their choosing present when they are interviewed by law-enforcement officers or the prosecuting attorney.

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