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Introduced Version House Bill 2170 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2170


(By Delegates Longstreth, M. Poling, Caputo and Martin)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




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.

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.
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.
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