| House Judiciary Chairman Tom Fast opened the Committee meeting Monday by announcing the removal from the agenda of House Bill 4336, which concerns inheritance. The meeting still ran for two hours.
The first bill taken up was Committee Substitute for House Bill 4302, which would increase the criminal penalties imposed on a parent, guardian, or custodian for child abuse. It passed unanimously with an amendment.
Counsel said the bill increased sentencing ranges for child abuse and neglect to not less than five or more than 15 years, an increase from current two to 10 years, for serious bodily injury. Abuse creating a risk of death was increased to two to 10 years from the current one- to 5-year sentence. Second offenses are made a felony.
Delegate J.B. Akers of Kanawha County, newly appointed to the House, asked whether the bill comports with the child sexual abuse statute regarding a person of trust, and he was told it did not. He proposed an amendment to insert “persons in position of trust in relation to child” in addition to parent, guardian, or custodian already in the bill.
In explaining his amendment, he said, “The Court would be inclined to think if person of trust is not included, it is for a reason,” adding that courts take legislation to mean what it says and say what it means. There was discussion that determined the term “custodian” did not encompass the same meaning as “person of trust.”
The amendment was adopted.
Court filing fees discussed
The House Judiciary Committee, citing lack of a fiscal note, laid over House Bill 4384, which involves Circuit Court filing fees. The bill would allow multiple plaintiffs against the same defendant to be charged only one filing fee.
The fee distribution is specified in a special revenue code that provides:
· $30 to the West Virginia Courthouse Facilities Improvement Authority;
· $45 to Fund for Low-Income Legal Fees;
· $20 for Domestic Violence Legal Fees.
· The remainder of the filing fee stays with the Office of the Circuit Clerk.
The sponsor of the bill, Delegate Phil Mallow of Marion County, said the fees are being used as a “money-making proposition for the listed recipients.” Other Delegates pointed out that, while three plaintiffs all could be suing the same contractor, the facts and circumstances could be different, and 20 or 30 cases could be filed with one fee. They said the Circuit Clerk has to manage all filing and paperwork. There also was concern about how the proposed change would affect class-action cases.
Because the bill did not yet have a fiscal note and it wasn’t determined how much revenue would be lost, the bill was laid over until a fiscal note is available.
Candidate residency requirements considered
House Bill 4428 passed the House Judiciary Committee with amendments and would require that candidates live in the state or local election district for the office they are seeking. Counsel said the bill specifies that residency is synonymous with domicile.
Donald Kearsey, Counsel for the Secretary of State, said the Secretary of State’s Office is prohibited from investigating beyond what is on the Certificate of Announcement itself.
“We are limited to objective administrative duties,” he added, giving an example that a candidate is not eligible if he or she claims a residence in Ohio.
Mr. Kearsey told the Committee that the last two lines of the bill create a responsibility of adjudication that is substantially different from what the Office does now as an administrative office. He said it created a conflict with current case law regarding the Office of Secretary of State. The language referencing adjudication by the Secretary of State was amended out of the bill.
Delegate Brandon Steele of Raleigh County offered an amendment that this bill would not apply to Circuit Judges, Family Court Judges, or Prosecuting Attorneys. Prosecuting Attorneys currently do not have to live in the county for which they serve as prosecutor, and judges do not have to live in their district to run but must move into the district prior to taking the oath of office. The amendment passed.
Party-affiliation bill advances
Committee Substitute for House Bill 4552 passed House Judiciary. It would ensure that party affiliation on a Certificate of Announcement is the same as the candidate’s voter registration. Delegates presented no examples of problems.
Immediate verification would be done electronically at the Secretary of State’s Office for statewide and legislative candidates or by the County Clerk or Municipal Clerk for county and local office candidates through the Statewide Voter Registration System.
Concern was expressed that verification could hold up the process or cause a candidate to miss the filing deadline. As an example of how quickly the verification could be done, Delegate Chris Phillips of Barbour County confirmed that, yes, he was registered as a Republican by simply looking it up online during the meeting.
Delegate Joey Garcia of Marion County offered an amendment that the years and months a candidate has resided at the address on the Certificate of Announcement be required. There was discussion that only a few offices require a length of time as a resident of the state. One Delegate asked what if one candidate has lived in the district two months longer than the other. He asked Delegate Garcia, “Does this open the door for someone to be petty?”
Delegate Garcia responded that, in his opinion, “We’re way past the point of pettiness in politics.”
2 bills advance during Friday meeting
The House Judiciary Committee, meeting Friday, January 12, approved two bills.
House Bill 4190 establishes an alert system for missing cognitively impaired persons.
Several Committee members questioned the need for numerous “alert” measures, although Committee Counsel noted many of the alerts, including “Amber” alerts for missing children and youth, are tied to uniform laws as well as federal legislation.
The bill would establish a “Purple Alert” for cognitively impaired persons.
Bill provisions outline criteria for the activation of a Purple Alert, including notice of the alert to the public, and providing immunity for individuals providing information pursuant to a Purple Alert in “good faith.”
HB4190 is on First Reading.
House Bill 4252, according to Committee Counsel, would allow local enforcement officials to have the ability to “recognize and enforce” Canadian domestic violence protective orders.
According to sponsor Brandon Steele of Raleigh County, local law enforcement officials do not have the express authorization under current law.
The bill also provides directives to courts about how to deal with the orders, including contacting Canadian officials to determine applicability with state domestic violence laws.
The bill also provides the means to register a Canadian domestic violence protective order.
Bill regarding torture referred to subcommittee
Following several minutes of debate, House Judiciary Chairman Tom Fast referred House Bill 4250, which establishes the crime of “torture,” to a subcommittee.
Most of the debate centered on what some members view as the bill’s provisions “overlapping” existing law or in conflict with existing law, including laws relating to use of firearms in crimes, poisoning, disciplining of children, and other scenarios.
Additionally, members questioned when the statute would be used in concert with other laws, especially since the proposed statute has a minimum 15-years jail sentence.
Moreover, several members questioned whether a person convicted of violating the proposed statute also could be sentenced for violating similar laws that do not include mandatory sentences of a certain length.
Subcommittee members include Delegate Brandon Steele, bill sponsor, who chairs the subcommittee. |
