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Introduced Version House Bill 4361 History

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hb4361 intr
H. B. 4361

(By Delegates Miley, Barker, Susman,

Ellem, Schadler, Ferro, Brown,

Longstreth, Moore, Ross)

[Introduced February 5, 2010 ; referred to the

Committee on the Judiciary.]

A BILL to repeal §48-27-803 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-27-206 of said code, all relating generally to the prevention and treatment of domestic violence; removing provisions prohibiting the sharing of information with other governments and law-enforcement agencies; and broadening the definition of "law-enforcement agency" for the purpose of sharing information with the federal government and its agencies.

Be it enacted by the Legislature of West Virginia:

That §48-27-803 of the Code of West Virginia, 1931, as amended, be repealed; and that §48-27-206 of said code, be amended and reenacted to read as follows:


§48-27-206. Law-enforcement agency defined.

(a) "Law-enforcement agency" means and is limited to:

(1) The state police and its members;

(2) A county sheriff and his or her law-enforcement deputies;
(3) A police department in any municipality as defined in section two, article one, chapter eight of this code;

(4) Any federal agency whose purpose includes enforcement, maintenance and gathering of information of both criminal and civil records relating to domestic violence under federal law.

(b) The term "law-enforcement agency" includes, but is not limited to, the Department of Health and Human Resources in those instances of child abuse reported to the department that are not otherwise reported to any other law-enforcement agency.

NOTE: The purpose of this bill is to repeal the section that prohibits this state from sharing domestic violence information with other governments. It also broadens the definition of "law- enforcement agency" so that the division of the Supreme Court that oversees the domestic violence database can share information with the federal government and its agencies. At the time these sections were enacted, West Virginia was not participating in the national domestic violence registry. The West Virginia Supreme Court now actively shares information with the federal government and receives grant moneys to develop and promote its domestic violence prevention programs. West Virginia will not be eligible to receive this grant money in the future if it does not continue to participate in the building of the federal database.

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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