Marital Exemption For Sexual Abuse Could Be Removed From State Code

Currently there is a exemption for sexual abuse in marriage. Monday the Senate passed a bill that would change that. 

Currently there is a exemption for sexual abuse in marriage. Monday the Senate passed a bill that would change that. 

The bill requires that there was physical force that overcame earnest resistance. 

Lead sponsor of the bill, Sen. Ryan Weld, R-Brooke, said he is following in the steps of his predecessor, the late Sen. Judith Herndon who removed the marital exception from the state’s sexual assault code.  She was the only woman in the Senate at the time. 

In West Virginia sexual assault is in most cases considered rape. Sexual abuse is unwanted groping or otherwise unwanted touching inappropriately.

“So this is carrying on what I believe to be an unfinished job that she wasn’t able to get done for she unfortunately passed away in 1980,” Weld said. “Sexual abuse currently in code has an exception, what is known as the marital exception. And so that if you are married to somebody, and you touch them in a private area as the result of forcible compulsion, you cannot be convicted of a crime.” 

Sen. Michael Azinger, R-Wood, was one of nine no votes. He said he doesn’t have a problem with the entire bill, just parts of it. 

“If you have just your general play between husband and wife,” Azinger said. “That goes on in every marriage in every house and something goes bad, then a divorce comes along with something like that. That could be used potentially against the husband in later times.”

Senate Takes On School Discipline, Other Bills

Teachers may have the ability to remove troubled children from elementary school classrooms if Senate Bill 614 becomes law. The bill sparked a lot of debate on the chamber floor. It gives kindergarten through sixth grade teachers the ability to remove children from classes or from school if they are exhibiting certain behavior like threatening teachers or classmates or otherwise creating an unsafe learning environment. 

Teachers may have the ability to remove troubled children from elementary school classrooms if Senate Bill 614 becomes law. The bill sparked a lot of debate on the chamber floor. It gives kindergarten through sixth grade teachers the ability to remove children from classes or from school if they are exhibiting certain behavior like threatening teachers or classmates or otherwise creating an unsafe learning environment. 

Sen. Amy Grady, R-Mason, is the lead sponsor of this bill and a school teacher herself. She said the bill is to help address the teacher shortage in the state. 

“One of the major issues that we are seeing is that teachers are leaving the profession in droves,” Grady said.  

She said the number one reason they are leaving is teachers don’t feel they are given the authority in addressing disturbances in the classroom. 

“We’re seeing violent and threatening behaviors in students as young as kindergarten that we’ve never seen before. How will this address it? This helps give the teacher a voice,” Grady said.  

She said that often an administrator will remove the child from the class, and then put them right back. 

“This gives teachers more of a voice to say, I feel unsafe, this child is being violent, my other students are unsafe, and they need to be removed from the classroom for today,” Grady said.  

However, some opponents of the bill, like state school board members and the Kanawha County Schools General Counsel, say that this bill takes students out of the best environment for them – the learning environment – where they are surrounded by people trained to help children. 

Others like Sen. Mike Woeflel, D-Cabell, questioned why this bill is not accompanied with funding or other initiatives to help children who are being disruptive in the classroom. 

“If you have a child that’s misbehaving to this point,” Woeflel said. “He or she has other issues that are giving rise to this behavior and needs resources to address those issues. So it seems to me there would be funding here for counseling or intervention within the family or there’s no funding that goes to implement this bill.” 

There is a shortage of school counselors in the state. Currently, there are 306 students for every one counselor in West Virginia public school systems. 

Senate Bill 378

Another notable bill before the full Senate was Senate Bill 378, which would fine anyone smoking in the car in the presence of someone under the age of 16. 

Lead sponsor of the bill, Sen. Tom Takubo, R-Kanawha, and a pulmonologist, said he has received letters in support of the bill. He read excerpts from a letter on the Senate floor from a man in Mingo County whose parents smoked in the car with him. 

“He too, grew up in a car full of that heavy smoke,” Takubo said. “It made him so short of breath, so constricted, that it made him cough to the point of vomiting, amongst other things. Then [he] went on to say his brother died of lung cancer. Another sister with brain cancer died of emphysema.”

The bill states the fine for smoking in the car with a minor would be $25. 

He said the bill will double as a public service announcement to parents so they rethink smoking in the car with their children present.  

However, Mike Azinger, R-Wood, said this is a violation of parental rights.  

“Parents make this decision over their children, in their vehicle,” Azinger said. “This is where the state has no business going. So I would urge a no vote.”

The bill passed with 25 – 8. . 

Senate Bill 590

Currently a city, county, or municipality could set a minimum wage higher than the state minimum wage of $8.75. A bill passed by the Senate Monday seeks to change that. 

Sen. Charles Trump, R-Morgan, voted for the bill. He said because there are currently no municipalities in the state that have their own minimum wage, this is a preventative measure. He said the bill protects both business and low income earners. 

“If you have a state minimum wage, and some municipality says, ‘nope, the minimum wage here is twice that’,” Trump said. “It hurts the people in that municipality, because jobs go away. It eliminates jobs. And that’s what we want to prevent, make sure nothing like that ever happens.” 

Bill Will Require Schools To Display U.S. Motto If Passed

With little discussion, the Senate Education Committee moved forward with Senate Bill 251 to require publicly funded schools to display posters with the U.S. motto of “In God We Trust.” 

With little discussion, the Senate Education Committee moved forward with Senate Bill 251 to require publicly funded schools to display posters with the United States motto of “In God We Trust.”

According to the bill, the posters will be paid for using privately donated funds and can only depict the phrase along with images of the West Virginia and U.S. flags.

Sen. Mike Azinger, R-Wood, is the primary sponsor on the bill. He said he thinks this will help unite people.

“‘In God We Trust’ is in the fourth stanza of our national anthem,” he said. “It was added as a national motto by Eisenhower, the same president who put ‘Under God’ in the Pledge of Allegiance. So I just think it’d be a great thing for our state and for our kids.”

Senate Bill 251 moves on to the full Senate for consideration.

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