FLOORBOOK MEMO
House Committee on the
Judiciary
Com. Sub. For H.B. 2738
Prepared by: Tom Gillooly 340-3256
(2/26/ 09) hjud2@wvnet.edu
SPONSORS:
Webster, Miley, Fleischauer, and Longstreth
TITLE:.Registration of protective orders with the West Virginia Supreme
Court of Appeals.
DATE INTRODUCED: 2/23/09
DATE REPORTED FROM COMMITTEE: 2/25/09
CODE SECTIONS AFFECTED:§§48-27-802 and 51-1-21 (amended)
SUMMARY ANALYSIS:
The bill clarifies the procedure for registering an out-of-state protective order in
the Supreme Court's statewide database, which is at the option of the petitioner. It also
specifies that in-state orders are automatically registered by the issuing West Virginia
court, rather than by the petitioner. All W. Va. protective orders are currently uploaded
by the State Police into the national NCIC system and are available there to W. Va. law
enforcement officers. Unlike NCIC, the statewide Supreme Court database contains
full-text PDF scans of protective orders. It is currently active in Summers, Nicholas, and
Raleigh Counties and is planned to be active state-wide by January 1, 2010.
A. AMENDMENTS/COMMITTEE SUBSTITUTES:
B. TITLE ANALYSIS: Amended to show addition of section from Chapter 51.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Language was added to clarify that "other jurisdiction" refers to jurisdictions
outside of West Virginia. The language (in both amended sections) specifying that
failure to register does not affect enforceability was revised for clarity and brevity.
D. EFFECTIVE DATE: Regular