Weld: Marital Exemptions Bill Not Moving
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WHEELING - Last week the West Virginia Senate passed a bill to remove marital exemptions from sexual assault laws, but as as the Legislature heads to the finish line, the measure hasn't yet moved in the House of Delegates.
Senate Majority Whip Ryan Weld, R-Brooke, is the sponsor of Senate Bill 190 - which seeks to modify the definition of “sexual contact” in state law by removing the exemptions for sexual abuse by a spouse. The bill passed the Senate on Feb. 26 with a 22-9 vote. After this, the House assigned the bill to its judiciary committee.
As of Monday afternoon, the committee had not yet put the bill on its agenda and this has Weld concerned. A bill must pass committee before coming to the House floor, where it is read three times before a vote.
The current Legislative session concludes Saturday.
"We were given assurances they would be running the bill out to the floor, but we've yet to see it on an agenda," Weld said. "As a result, victims advocacy groups are still anxiously awaiting rather it will be on the (judiciary committee's) agenda.
"We look forward to when they do put it on the agenda."
House Minority Whip Shawn Fluharty, D-Ohio, serves as minority vice chair of the House Judiciary Committee.
"I certainly support it being on the agenda," he said of SB 190. "The decision is ultimately up to the chairman (Tom Fast, R-Fayette). I can tell you it's not on today's agenda but there is still plenty of time for it to be included. ... I will work to get it on the agenda."
SB 190 removes "marriage" from the definition of terms in the State Code sections dealing with sexual assault and sexual contact and marriage as an exception for sexual assault charges in the first and third degrees.
A person charged with sexual assault in the first degree is one who has engaged in sexual intercourse and intrusion and who has inflicted physical injuries or used a weapon to coerce sex. The crime is a felony with penalties of between 15 and 35 years in prison and a fine anywhere between $1,000 and $10,000.
Third-degree sexual assault is when someone engages in sexual intercourse and intrusion with someone who is mentally defective or mentally incapacitated; or someone older than 16 who engages in sex with someone younger than 16 who is at least four years younger than the defendant. The penalties for a felony conviction include between five and 10 years in prison and up to a $10,000 fine.