This 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 juvenile matters. 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 such as the subject matter of the request and a description of the land involved. Additionally, local agencies are authorized to enter into agreements with federal agencies to coordinate responsibilities related to this concurrent jurisdiction.

The bill also modifies existing provisions regarding juvenile jurisdiction in circuit, magistrate, and municipal courts. It clarifies that the jurisdiction of the court is concurrent with that of a federal court for violations of federal law committed by a child on military installations, provided the federal court waives exclusive jurisdiction and the violation is also a crime under state law. Furthermore, it ensures that juveniles are afforded the same procedural rights as adults in criminal proceedings, including the right to counsel and the opportunity to be heard. The bill aims to enhance the legal framework governing juvenile justice in West Virginia, particularly in relation to military installations.

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