Senate Bill 538 History
Senate Bill No. 538
(By Senators Palumbo, Laird, Miller and Fitzsimmons)
[Introduced March 14, 2013; referred to the Committee on the
A BILL to amend and reenact §48-27-601 of the Code of West
Virginia, 1931, as amended, relating to disposition of
domestic violence orders; and filing orders with the domestic
violence database rather than law enforcement maintaining a
Be it enacted by the Legislature of West Virginia:
That §48-27-601 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.
PART 6. DISPOSITION OF DOMESTIC VIOLENCE ORDERS.
§48-27-601. Transmitting orders to domestic violence database;
affidavit as to award of possession of real
property; service of order on respondent.
(a) Upon entry of an order pursuant to section 27-403 or part 27-501, et seq., or an order entered pursuant to part 5-501, et
seq., granting relief provided for by this article, a copy of the
, no later than the close of the next business day,
electronically to the domestic violence
database established pursuant to the provisions of section
twenty-one, article one, chapter fifty-one of this code
court or the clerk of the court
to a local office of the municipal
police, the county sheriff and the West Virginia state police,
where it shall be placed in a confidential file, with access
provided only to the law-enforcement agency and the respondent
named on the order.
(b) A sworn affidavit may be executed by a party who has been
awarded exclusive possession of the residence or household,
pursuant to an order entered pursuant to section 27-503 and shall
be delivered to
such law-enforcement agencies simultaneously with
any order giving the party's consent for a law-enforcement officer
to enter the residence or household, without a warrant, to enforce
the protective order or temporary order.
(c) Orders shall be promptly served upon the respondent.
Failure to serve a protective order on the respondent does not stay
the effect of a valid order if the respondent has actual notice of
the existence and contents of the order.
(d) Any law-enforcement agency in this state in possession of
or with notice of the existence of an order issued pursuant to the provisions of sections 27-403 or 27-501 of this article or the
provisions of section 5-509 of this chapter which is in effect or
has been expired for thirty days or less that receives a report
that a person protected by
such an order has been reported to be
missing shall immediately follow its procedures for investigating
missing persons. No agency or department policy delaying the
beginning of an investigation shall have has any force or effect.
(e) The provisions of subsection (d) of this section shall be
applied where a report of a missing person is made which is
accompanied by a sworn affidavit that the person alleged to be
missing was, at the time of his or her alleged disappearance, being
subjected to treatment which meets the definition of domestic
battery or assault set forth in section twenty-eight, article two,
chapter sixty-one of this code.
NOTE: The purpose of this bill is to eliminate law enforcement
maintaining a confidential file of protective orders since all
courts are complying with §48-27-802 by entering the protective
orders in the state's domestic violence database registry.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would