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HB 2057

Relating to military interpersonal violence

2025 Regular Session Introduced by Bryan Smith and 1 co-sponsor

HB 2057 enhances protections for military domestic violence victims by establishing military protection orders, allowing emergency orders, and prohibiting firearm possession.

To House Courts
#crime #domesticrelations #militaryandveterans
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Bill Summary · HB 2057

Summary of HB 2057: Relating to Military Interpersonal Violence

Bill Information:
- Bill Number: HB 2057
- Introduced By: Rep. Tony M. McCombie
- Introduced On: January 29, 2025
- Current Status: To House Courts
- Classification: Bill
- Subjects: Crime, Domestic Relations, Military and Veterans

Purpose and Intent

House Bill 2057 aims to address issues related to military interpersonal violence by amending existing laws concerning protective orders. The bill seeks to enhance the legal framework for issuing military protection orders and ensure that victims of domestic violence within military contexts receive adequate protection and legal recourse.

Key Provisions

The bill proposes several significant changes to the Code of West Virginia, particularly in relation to protective orders:

  1. Definition of Military Protection Order:

    • Establishes a clear definition of a "military protection order" as an order issued by a commanding officer in the Armed Forces or National Guard against a person under their command.

  2. Emergency Protective Orders:

    • Allows magistrate courts to issue emergency protective orders to protect victims of domestic violence, including those who have received a military protection order.
    • The bill stipulates that clear and convincing evidence of immediate danger is sufficient for issuing such orders.

  3. Prohibition of Firearm Possession:

    • Emergency protective orders will include provisions that prohibit the respondent from possessing firearms, enhancing safety for the petitioner and any minor children involved.

  4. Timely Hearings:

    • Mandates that a final hearing on the emergency protective order must occur within 10 days of its issuance, ensuring prompt judicial review and action.

  5. Notification Requirements:

    • Establishes requirements for notifying respondents and law enforcement agencies about the protective orders, ensuring that all parties are informed and that law enforcement can enforce the orders effectively.

  6. Evidence Admission:

    • Allows for the admission of medical reports as evidence in hearings related to protective orders, streamlining the process for victims to present their cases.

Impact

  • Who is Affected:

    • The bill primarily affects military personnel and their families, particularly those who are victims of domestic violence. It also impacts legal professionals, law enforcement agencies, and the judiciary involved in handling domestic violence cases.

  • Potential Outcomes:

    • By clarifying the process for issuing military protection orders and enhancing the protections available to victims, the bill aims to reduce incidents of domestic violence within military contexts and improve the overall safety and well-being of affected individuals.

Procedural Timeline

  • January 29, 2025: Bill filed with the Clerk.
  • February 4, 2025: First reading and referred to the Rules Committee.
  • February 12, 2025: Introduced in the House and referred to the Judiciary Committee.
  • March 4, 2025: Assigned to the Executive Committee.
  • March 12, 2025: Passed in the Executive Committee with a "Do Pass" recommendation.
  • March 27, 2025: Second reading held; bill is on the calendar for further debate.
  • May 31, 2025: Extended deadline for third reading.

This summary provides an overview of HB 2057, highlighting its purpose, key provisions, and potential impact on military personnel and domestic violence victims. The bill is currently progressing through the legislative process, with significant discussions anticipated in the coming months.

Compiled from official sources — confirm details with the bill’s official record.

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