West Virginia Press Association Staff Report
CHARLESTON, W.Va. – The Senate Judiciary Committee, on Monday, advanced three House bills, beginning with HB 5254 – a bill which calls for the creation of mental hygiene regions.
As explained by Committee Counsel, “The purpose of the bill is to allow the Supreme Court to employ full-time mental health commissioners with statewide jurisdiction to conduct mental hygiene proceedings in designated regions.”
In addition, counsel explained, the bill would create a system of “temporary observation releases to ensure continued compliance with treatment plans,” and to allow for more efficient follow-up care.
“Finally, the bill allows evaluators to conduct evaluations statewide, and requires certified community mental health centers to ensure that at least one examiner is available to provide coverage in each region 24 hours a day, seven days a week,” Counsel added. “And it modifies somewhat who can do those evaluations.”
HB 5254 was introduced by Del Amy. Summers, R-Taylor, and passed the House of Delegates on Feb. 26 by a vote of 78 to 18.
With no questions or further discussion, HB 5254 was approved by the Judiciary Committee, and will now be referred to the Senate Committee on Finance for further consideration.
Next before the committee was HB 5065, relating to educational requirements and compensation for Guardians Ad Litem. Guardians Ad Litem serve as representation for children during legal proceedings.
The bill was explained by Committee Counsel J.A. Curia.
“In child abuse and neglect cases, guardians are appointed by the court,” Curia said. “They are paid by the state through our Public Defender System. This type of legal work is currently compensated at a rate of $60 per hour for out-of-court time, and $80 per hour for in-court time.”
According to Curia, if enacted, HB 5065 would increase those rates to $105 and $125 per hour respectively.
“The bill also allows for time for multidisciplinary team meetings,” Curia added, noting that such meetings would be paid at the in-court rate for all attorneys involved. The bill would also set the civil-compensation rate at $200 per hour, plus expenses.
Further, Curia explained, the bill would require all Guardians Ad Litem to complete all training required by the State Court of Appeals.
Introduced by Del. Brandon Steele, R-Raleigh, the bill was unanimously passed by the House of Delegates on Feb. 21.
With its approval by the Senate Judiciary Committee, HB 5065 will also now be referred to the Committee on Finance.
The final item on the committee’s agenda was consideration of House Joint Resolution (HJR) 28, which seeks to create a constitutional-amendment banning the practice of doctor-assisted suicide in West Virginia.
As explained by Counsel, “HJR 28 would create a proposed amendment to be placed on the ballot in the 2024 general election. If ratified […] entitled ‘Protection From Medically-assisted Suicide.’”
“This would prohibit the legislature from permitting divisions, healthcare providers, or any other person in the state from participating in the practice of medically-assisted suicide, euthanasia, or mercy killing of a person,” Counsel said. “It would require the legislature to enact statutes making such actions a crime.”
According to counsel, the resolution would not prevent a medical professional from administering or prescribing pain-relieving medications to allow a patient’s condition to “take its natural course.” Medical professionals would also still be permitted to discontinue life-saving measures based upon the wishes of the patient of their decision maker “so long as the intention is not to kill the patient.”
On-hand to speak to the resolution was one of its sponsors, Del. Pat McGeehan, R-Hancock.
“My experience with this issue goes back to right after we finished the 2023 Regular Session,” McGeehan said. “I got a phone call from a constituent […] and he asked me to legalize medically-assisted suicide in the State of West Virginia. I declined […] but we had a long chat.”
“He had gotten a bad prognosis of colon cancer,” McGeehan continued. “They said, ‘You could get treatment for the next two years and there’s a good chance it could go into remission, but if you don’t your prognosis is about six months.’ He was a lonely guy – didn’t have any family.”
According to McGeehan, Oregon recently expanded their laws to allow non-residents to participate in medically-assisted suicide within the state. His constituent advised him that if it were not legalized in West Virginia, he would simply travel to Oregon, which he eventually did. The procedure was performed two weeks later.
“That’s how I got involved with this issue,” McGeehan noted, adding that several West Virginia border states are “seriously considering” legislation similar to Oregon.
At the conclusion of McGeehan’s testimony, Sen. Vince Deeds, R-Greenbrier, asked, “What was the rationale of putting this into West Virginia’s constitution, and not just doing a bill and making it law?”
“Well it’s already illegal in West Virginia,” McGeehan replied. “[But] we’re not always going to be here. I don’t want to see in 10 years, suddenly this culture invades West Virginia like it has some of our border states.”
After a recess, the Judiciary Committee approved the proposed resolution. As with the previous two bills, it will now be referred to the Committee on Finance.
Other legislation advanced by the Senate Judiciary Committee Monday include:
- HB 4967, relating to the administration of the Voluntary Remediation and Redevelopment Act.
- HB 4867, requiring pornographic websites to utilize age verification methods.
- HB 4851, allowing public and private schools in West Virginia to employ private security personnel.
- HB 4552, to ensure party affiliation is consistent with a candidate’s voter registration.
- HB 4190, establishing an alert system for cognitively impaired persons.
