Introduced Version
House Bill 3094 History
| 
Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 3094
(By Delegates Sobonya, Westfall, J. Nelson,
Miller, Frich, Border and Rowan)
[Introduced March 25, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §62-11D-3 of the Code of West Virginia,
1931, as amended, relating to subjecting persons convicted of
sexual crimes against a minor to "GPS" monitoring for the
duration of their lives.
Be it enacted by the Legislature of West Virginia:
That §62-11D-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11D. HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN
SEX OFFENDERS.
§62-11D-3. Electronic monitoring of certain sex offenders under
supervision; tampering with devices; offenses and
penalties.
(a) Notwithstanding any provisions of this code to the
contrary, any person convicted of committing a sexual crime against
a minor pursuant to article eight-b, chapter sixty-one, who is on
probation, parole or supervised release, shall be subject to "GPS" monitoring as a condition of probation, parole or supervised
release for the duration of his or her life. Any person designated
as a sexually violent predator pursuant to the provisions of
section two-a, article twelve, chapter fifteen of this code who is
on probation, parole or supervised release, shall be subject to
electronic monitoring as a condition of probation, parole or
supervised release. A person required to register as a sex
offender pursuant to the provisions of article twelve, chapter
fifteen of this code may, as a condition of probation, parole or
supervised release, be subject to electronic monitoring.
(b) Upon being placed on supervision, a person required to
undergo electronic monitoring pursuant to the provisions of this
section, other than persons convicted of sexual crimes against a
minor subjected to "GPS" monitoring in accordance with this
section, shall be placed at a minimum on radio frequency monitoring
with curfews enforced. Following an assessment designed to
determine the level and type of electronic monitoring necessary to
effectuate the protection of the public, a supervised person, other
than persons convicted of sexual crimes against a minor in
accordance with this section, may be placed on a system providing
a greater or lesser degree of monitoring.
(c) A person subject to the provisions of this section shall
be responsible for the cost of the "GPS" or electronic monitoring.
In the event a person required to submit to "GPS" or electronic monitoring as required by the provisions of this section is unable
to pay for the "GPS" or electronic monitoring, that person may
present an affidavit reflecting the inability to pay for such the
monitoring to the circuit court of the county of supervision. If
it appears to the satisfaction of the court that such person is in
fact financially unable to pay for such the monitoring, the court
shall issue an order reflecting such findings and forward said
order to the supervising entity. Upon receipt of such order, the
supervising entity shall then be responsible for paying for each
testing.
(d) The assessment required by the provisions of subsection
(b) of this section shall be completed not later than thirty days
after the supervised person begins serving probation or parole or
supervised release. Under no circumstances may a person of whom
electronic monitoring has been mandated as a condition of
supervision be on a type of monitoring less effective than voice
verification with a curfew.
(e) Any person who intentionally alters, tampers with, damages
or destroys any "GPS" or electronic monitoring equipment, with the
intent to remove the device or impair its effectiveness, is guilty
of a felony and, upon conviction thereof, shall be confined in a
state correctional facility for not less than one year nor more
than ten years.
NOTE: The purpose of this bill is to subject persons convicted
of sexual offenses against minors who are on parole or probation to
"GPS" monitoring for life.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Webmaster | © 2025 West Virginia Legislature **
