The bill amends the Code of West Virginia to establish concurrent juvenile jurisdiction on military installations, allowing for the transfer of exclusive federal legislative jurisdiction back to the state concerning juveniles. Specifically, it introduces a new section, 1-1-6, which grants West Virginia the authority to consent to concurrent jurisdiction with the United States over military lands. The Governor is empowered to accept requests for concurrent jurisdiction from military installations, which must include specific details about the request, such as whether it pertains to juvenile delinquency. Additionally, local agencies are authorized to enter into agreements with federal agencies to coordinate responsibilities related to this concurrent jurisdiction.
In the existing juvenile jurisdiction provisions, the bill modifies section 49-4-701 to clarify that the jurisdiction of the court is concurrent with that of a federal court over cases involving violations of federal law committed by a child on military installations, provided the federal court waives its exclusive jurisdiction and the violation is also a crime under state law. The bill also updates the language to ensure that juveniles are afforded a meaningful opportunity to be heard in court proceedings, replacing the term "will" with "shall" to emphasize this right. Overall, the bill aims to enhance the legal framework governing juvenile jurisdiction in relation to military installations in West Virginia.
Statutes affected: Introduced Version: 1-1-4, 49-4-701, 1-1-6
Committee Substitute: 1-1-4, 49-4-701, 1-1-6
Engrossed Committee Substitute: 1-1-4, 49-4-701, 1-1-6