Senate Bill No. 205
(
By Senators Kessler, Oliverio, Chafin, Foster, Green, Hunter,
Jenkins, Minard, Stollings, Wells, White, Barnes, Caruth, Deem,
Hall, McKenzie and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 24, 2007.]
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A BILL to amend and reenact §48-27-902 and §48-27-903 of the Code
of West Virginia, 1931, as amended, all relating to clarifying
that continuing to threaten or harass a petitioner, by
whatever means, is a violation of a domestic violence
protective order.
Be it enacted by the Legislature of West Virginia:
That §48-27-902 and §48-27-903 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-902. Violations of protective orders; criminal complaints.
(a) When a respondent abuses the petitioner or minor children,
or both, or is physically present at any location, or continues to
contact, threaten or harass the petitioner, the minor children, or
both, by phone, voice mail, e-mail or other means, even if the
respondent is not physically present with the petitioner or minor
children at the time of the threats or harassment:
(1) In knowing and willful violation of the terms of an
emergency or final protective order under the provisions of this
article or section five hundred nine or six hundred eight, article
five of this chapter granting the relief pursuant to the provisions
of this article;
(2) In knowing and willful violation of the terms of a
protection order from another jurisdiction that is required to be
enforced pursuant to section three, article twenty-eight of this
chapter; or
(3) In knowing and willful violation of the terms of a
condition of bail, probation or parole imposed in another state
which has the express intent or effect of protecting the personal
safety of a particular person or persons in violation of
subdivision (3), subsection (a), section seven, article twenty-
eight of this chapter then any person authorized to file a petition
pursuant to the provisions of section three hundred five of this
article or the legal guardian or guardian ad litem may file a
petition for civil contempt as set forth in section nine hundred
one of this article.
(b) When any such violation of a valid order has occurred, the
petitioner may file a criminal complaint. If the court finds
probable cause upon the complaint, the court shall issue a warrant
for arrest of the person charged.
§48-27-903. Misdemeanor offenses for violation of protective
order, repeat offenses, penalties.
(a) A respondent who abuses the petitioner or minor children or who is physically present at any location, or continues to
contact, threaten or harass the petitioner, the minor children, or
both, by phone, voice mail, e-mail or other means, even if the
respondent is not physically present with the petitioner or minor
children at the time of the threats or harassment in knowing and
willful violation of the terms of: (1) An emergency or final
protective order issued under the provisions of this article or
section five hundred nine or six hundred eight, article five of
this chapter granting relief pursuant to the provisions of this
article; or (2) a condition of bail, probation or parole which has
the express intent or effect of protecting the personal safety of
a particular person or persons is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in the county or regional
jail for a period of not less than one day nor more than one year,
which jail term shall include actual confinement of not less than
twenty-four hours, and shall be fined not less than two hundred
fifty dollars nor more than two thousand dollars.
(b) A respondent who is convicted of a second or subsequent
offense under subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county or regional jail for not less than three months nor more
than one year, which jail term shall include actual confinement of
not less than twenty-four hours, and fined not less than five
hundred dollars nor more than three thousand dollars, or both.
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(NOTE: The purpose of this bill is to clarify that a respondent is violating a domestic violence protective order if he
or she contacts, threatens or continues to harass the petitioner or
minor children.
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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