HB 4364: Relating to concurrent juvenile jurisdiction on military installations - West Virginia

hb4364 s mil amt _1 3-1 adopted.htm → hb4364 hfa mcgeehan 3-12 _1 adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a new amendment proposal by Delegate McGeehan. The substantive change modifies the legal rights of juveniles on federal military land, shifting the language from mandatory entitlement ('is entitled to' and 'has the right to') to permissive discretion ('may'). This change restricts the automatic application of certain state laws on military property, allowing authorities to decide case-by-case whether to apply them rather than requiring it.

Scope change

The scope of the bill was narrowed regarding the application of state laws on military land; the requirement for automatic jurisdiction was replaced with discretionary authority.

ELIGIBILITY

Changed the legal status of juveniles on military land from having an automatic right to state law application to having the possibility of such application at the discretion of the court or authority.

ENFORCEMENT

Altered the enforcement mechanism by removing mandatory language ('is entitled to', 'has the right to') and replacing it with permissive language ('may'), giving officials discretion in handling juvenile cases on federal property.

TECHNICAL

Updated the bill header and committee attribution to reflect the new amendment proposal by Delegate McGeehan instead of the original Military Committee proposal.

hb4364 s mil am _1 3-1 adopted.htm → hb4364 s mil amt _1 3-1 adopted.htm · 3 edits

MINOR

The bill was amended to replace the original text with a new version that clarifies the state's right to execute legal process on federal military land and establishes a formal process for the Governor to grant concurrent jurisdiction to federal courts. The new text also updates the existing juvenile court section to explicitly allow circuit courts to share jurisdiction with U.S. District Courts over juvenile delinquency cases occurring on military property.

Scope change

The bill's scope expanded to include a specific administrative procedure for establishing federal jurisdiction on military land and clarified the concurrent jurisdiction of state and federal courts over juvenile cases on that land.

REQUIREMENT

Replaced the original committee amendment text with a new version that specifies a formal request and acceptance process involving the Governor for establishing concurrent jurisdiction on military land.

ENFORCEMENT

Added explicit provisions allowing circuit courts to exercise concurrent jurisdiction with U.S. District Courts over juvenile delinquency and status offenses committed on land acquired by the United States for military purposes.

DEFINITION

Clarified the definition of 'land acquired by the United States for military purposes' to include land used by the West Virginia National Guard and other federal agencies.

Committee Substitute → hb4364 s mil am _1 3-1 adopted.htm · 5 edits

MODERATE

The bill was amended to replace the original text with a new version that simplifies the process for establishing concurrent jurisdiction on military land and significantly expands the rights of juveniles in West Virginia courts. The new version removes the requirement for the Governor to grant requests, changing it to a mandatory acceptance process, and adds extensive protections for juveniles, including extended court jurisdiction until age 21 for certain offenses and stricter rules on admitting evidence from young children.

Scope change

The bill's scope expanded from a narrow focus on jurisdiction mechanics on military land to a comprehensive overhaul of juvenile court procedures, including new rules on bail, counsel, public access to hearings, and evidence admissibility.

REQUIREMENT

Changed the Governor's role from granting requests for military jurisdiction to mandating acceptance of such requests once submitted.

Established new requirements for juvenile hearings, including the right to bail, effective counsel at all stages, and limited public access to proceedings.

ELIGIBILITY

Extended juvenile court jurisdiction to continue until age 21 for certain delinquency and status offenses, rather than the previous age limits.

ENFORCEMENT

Added strict rules prohibiting the admission of hearsay or extrajudicial statements from juveniles under 14 and 16 without counsel or parental consent.

DEFINITION

Clarified that concurrent jurisdiction with federal courts applies specifically when the federal court waives exclusive jurisdiction over juvenile delinquency or status offenses.

Enrolled Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill text was converted from a formal legislative document format to a web page interface containing navigation menus and footer links. The substantive legal text regarding juvenile jurisdiction on military land remains identical in both versions, with no changes to policy, scope, or eligibility criteria.

TECHNICAL

Removed formal legislative headers, page numbers, and the specific list of sponsors (Delegates D. Smith, Hillenbrand, Ridenour, Sheedy, and Watt) found in the original document.

Added website navigation elements including Senate and House menus, a sidebar with legislative resources, and a footer with contact forms and copyright notices.

Replaced the clean legislative text with a web layout that includes a 'Bill Status' section, version links, and a summary note about the bill's purpose.

Engrossed Committee Substitute → Enrolled Committee Substitute · 3 edits · Mar 30, 2026

MINOR

The bill was finalized as an enrolled version, confirming its passage and setting an effective date 90 days after March 14, 2026. The substantive legal text remains largely consistent with the committee substitute, though it was cleaned up to remove formatting artifacts and include standard legislative certification signatures.

Scope change

The scope of the bill remains unchanged; it continues to establish concurrent jurisdiction between West Virginia courts and federal courts for juveniles on military installations.

TECHNICAL

Removed formatting artifacts, page numbers, and navigation links that were present in the draft version but are not part of the actual law.

Added standard certification signatures for the Clerks of the House and Senate, the Speaker, and the President of the Senate to formally certify the bill as enrolled.

TIMELINE

Explicitly stated the bill is 'In effect 90 days from passage,' providing a clear start date for the new jurisdictional rules.

Introduced Version → Engrossed Committee Substitute · 4 edits · Mar 14, 2026

MODERATE

This bill updates the legal framework for handling juvenile cases on military installations in West Virginia. It establishes a formal process for the state and federal government to agree on shared jurisdiction over these lands and clarifies that West Virginia courts can hear cases involving juveniles who commit state law offenses on federal military property when federal courts waive their exclusive authority.

Scope change

The bill expands the scope of state jurisdiction to explicitly include concurrent authority over juveniles on military installations, provided a specific administrative agreement is reached between the state and the United States.

REQUIREMENT

Created a new administrative process requiring the military installation's principal officer to submit a written request to the Governor, who must then provide written acceptance and file the documents with the Secretary of State before concurrent jurisdiction takes effect.

Reorganized the text of the existing juvenile jurisdiction statute to improve clarity and add a comprehensive summary of the bill's purpose at the end of the section.

DEFINITION

Defined 'land owned for military purposes' to include land used by the Coast Guard, National Guard, and other federal agencies, ensuring these specific entities are covered under the new jurisdictional agreement.

ENFORCEMENT

Added a new provision stating that West Virginia courts have concurrent jurisdiction with federal courts over juvenile delinquency or status offenses committed on military land if the federal court waives exclusive jurisdiction.

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