HB 4364
Relating to concurrent juvenile jurisdiction on military installations
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes concurrent juvenile jurisdiction on military installations in West Virginia, allowing the state to regain exclusive legislative jurisdiction over juvenile cases that would otherwise fall under federal authority. It outlines procedures for requesting and establishing this jurisdiction, including requirements for requests from the military and acceptance by the Governor. The bill also clarifies jurisdictional roles for state and federal courts, particularly regarding traffic violations and status offenses, and ensures juveniles have legal representation and a right to be heard in proceedings.
Key provisions
- West Virginia consents to concurrent jurisdiction with the United States over land owned by the U.S. for military purposes.
- The Governor must receive a written request from the military detailing the scope of the concurrent jurisdiction request.
- The Governor must formally accept or reject the request and record it with the Secretary of State.
- State and federal agencies can enter into agreements to coordinate responsibilities related to concurrent jurisdiction.
- Magistrate courts have concurrent jurisdiction with circuit courts for certain traffic violations and municipal ordinance violations.
- Municipal courts have concurrent jurisdiction for certain municipal ordinance violations.
- Juveniles have the right to legal representation and a meaningful opportunity to be heard in proceedings.
- The circuit court retains jurisdiction over delinquent juveniles until they turn 21, unless transferred to criminal jurisdiction.
Who is affected
Sponsors
Official sponsors from legislative records.
Primary sponsor
D. Smith
Cosponsors
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