Committee Substitute
House Bill 4012 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4012
(By Delegates Mahan, Doyle, Ennis, Houston, Leach,
Perdue, Stephens, Varner, Ashley, Howard and Trump)
(Originating in the Committee on Government Organization)
[January 18, 2006]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-13-1, §15-13-2,
§15-13-3, §15-13-4, §15-13-5, §15-13-6, §15-13-7, §15-13-8,
§15-13-9 and §15-13-10, all relating to the creation of a
state child abuser registry and establishing penalties for
persons convicted of child abuse or neglect for failure to
properly report registration information.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended,
by adding thereto a new article, designated §15-13-1, §15-13-2,
§15-13-3, §15-13-4, §15-13-5, §15-13-6, §15-13-7, §15-13-8, §15-13-
9 and §15-13-10 to read as follows:
ARTICLE 13. CHILD ABUSER REGISTRATION ACT.
§15-13-1. Short title.
This article may be cited as the "Child Abuser Registration
Act."
§15-13-2. Intent and findings.
(a) It is the intent of this article to assist law-enforcement
agencies' efforts to protect children from abuse and neglect by
requiring persons convicted of child abuse or neglect to register
with the State Police detachment in the county of his or her
residence and to report information as required by section three of
this article. It is not the intent of the Legislature that this
act be used to inflict retribution or additional punishment on any
person convicted of any offense requiring registration under this
article. This article is intended to be regulatory in nature and
not penal, and is intended to provide for the safety of children
who are exposed to persons convicted of child abuse.
(b) The Legislature finds and declares that there is a
compelling and necessary public interest that children be protected
from physical abuse and neglect, and that requirements of this
article are appropriate and reasonable because of this compelling
state interest.
(c) The Legislature also finds and declares that persons
required to register as a child abuser pursuant to this article
have a reduced expectation of privacy because of the state's
interest in public safety.
§15-13-3. Registration.
(a) Any person who has been convicted of an offense or has
been found not guilty solely by reason of mental illness, mental retardation or addiction of an offense under any of the provisions
of sections two, two-a, three, three-a, four and four-a, article
eight-d, of chapter sixty-one of this code or under a statutory
provision of another state, the United States code or the uniform
code of military justice which requires proof of the same essential
elements shall register as set forth in subsection (d) of this
section and according to the internal management rules promulgated
by the superintendent under authority of section twenty-five,
article two of this chapter.
(b) The clerk of the court in which a person is convicted for
an offense described in subsection (a) of this section, or for an
offense described in a municipal ordinance which has the same
elements as an offense described in said section, shall forward to
the superintendent a transcript of the judgment of conviction.
(1) If the conviction is the judgment of a magistrate court,
mayor, police court judge or municipal court judge, the clerk or
recorder shall forward the transcript when the person convicted has
not requested an appeal within twenty days of the sentencing for
such conviction.
(2) If the conviction is the judgment of a circuit court, the
circuit clerk shall forward the transcript when the person
convicted has not filed a notice of intent to file a petition for
appeal or writ of error within thirty days after the judgment was
entered.
(c) If a person has been convicted of any criminal offense
against a child in his or her household or of whom he or she has
custodial responsibility, and the sentencing judge makes a written
finding that there is a continued likelihood that the person will
continue to have regular contact with that child or other children
and that as such it is in the best interest of the child or
children for that person to be monitored, then that person is
subject to the reporting requirements of this article.
(d) Persons required to register under the provisions of this
article shall provide or cooperate in providing, at a minimum, the
following when registering:
(1) The full name of the registrant, including any aliases,
nicknames or other names used by the registrant;
(2) The address where the registrant intends to reside or
resides at the time of registration, the name and address of the
registrant's employer or place of occupation at the time of
registration, the names and addresses of any anticipated future
employers or places of occupation, the name and address of any
school or training facility the registrant is attending at the time
of registration and the names and addresses of any schools or
training facilities the registrant expects to attend;
(3) The registrant's social security number;
(4) Ages and names of any children in the household of the
registrant, and any children currently living or subsequently born to the registrant.
(5) A brief description of the crime or crimes for which the
registrant was convicted; and
(6) Fingerprints.
(e) On the date that any person convicted or found not guilty
solely by reason of mental illness, mental retardation or addiction
of any of the crimes listed in subsection (a) of this section,
hereinafter referred to as a "qualifying offense", including those
persons who are continuing under some post-conviction supervisory
status, are released, granted probation or a suspended sentence,
released on parole, probation, home detention, work release,
conditional release or any other release from confinement, the
Commissioner of Corrections, Regional Jail Administrator, city or
sheriff operating a jail or Secretary of the Department of Health
and Human Resources who releases the person, and any parole or
probation officer who releases the person or supervises the person
following the release, shall obtain all information required by
subsection (d) of this section prior to the release of the person,
inform the person of his or her duty to register and send written
notice of the release to the State Police within three business
days of release. The notice must include, at a minimum, the
information required by subsection (d).
(f) Any person having a duty to register for a qualifying
offense shall register upon conviction, unless that person is confined or incarcerated, in which case he or she shall register
within three business days of release, transfer or other change in
disposition status.
(g) At the time the person is convicted or found not guilty
solely by reason of mental illness, mental retardation or addiction
in a court of this state of the crimes set forth in subsection (a)
of this section, the person shall sign in open court a statement
acknowledging that he or she understands the requirements imposed
by this article. The court shall inform the person so convicted of
the requirements to register imposed by this article and shall
further satisfy itself by interrogation of the defendant or his or
her counsel that the defendant has received notice of the
provisions of this article and that the defendant understands the
provisions. The statement, when signed and witnessed, constitutes
prima facie evidence that the person had knowledge of the
requirements of this article. Upon completion of the statement, the
court shall provide a copy to the registry. Persons who have not
signed a statement under the provisions of this subsection and who
are subject to the registration requirements of this article must
be informed of the requirement by the State Police whenever the
State Police obtain information that the person is subject to
registration requirements.
(h) The State Police shall maintain a central registry of all
persons who register under this article and shall release information only as provided in this article.
(i) For the purposes of this article, the term "business
days", means days exclusive of Saturdays, Sundays and legal
holidays as defined in section one, article two, chapter two of
this code.
§15-13-4. Change in registry information.
When any person required to register under this article
changes his or her residence, address, or when any of the other
information required by this article changes, he or she shall,
within ten business days, inform the West Virginia State Police of
the changes in the manner prescribed by the superintendent of State
Police in procedural rules promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code.
§15-13-5. Duration.
(a) A person required to register under the terms of this
article shall continue to comply with this section, except during
ensuing periods of incarceration or confinement, until:
(1) Ten years have elapsed since the person was released from
prison, jail or a mental health facility or ten years have elapsed
since the person was placed on probation, parole or supervised or
conditional release. The ten-year registration period shall not be
reduced by the offender's release from probation, parole or
supervised or conditional release.
(b) A person whose conviction is overturned for the offense which required them to register under this article shall, upon
petition to the court, have their name removed from the registry.
§15-13-6. Distribution and disclosure of information; community
information programs by prosecuting attorney and
State Police; petition to circuit court.
(a) Within five business days after receiving any notification
as described in this article, the State Police shall distribute a
copy of the notification statement to:
(1) The supervisor of each county and municipal
law-enforcement office and any campus police department in the city
and county where the registrant resides, is employed or attends
school or a training facility;
(2) The county superintendent of schools where the registrant
resides, is employed or attends school or a training facility; and
(3) The Child Protective Services office charged with
investigating allegations of child abuse or neglect in the county
where the registrant resides, is employed or attends school or a
training facility.
(b) The State Police may furnish information and documentation
required in connection with the registration to authorized law
enforcement, campus police and governmental agencies of the United
States and its territories, of foreign countries duly authorized to
receive the same, of other states within the United States and of
the state of West Virginia upon proper request stating that the records will be used solely for law enforcement-related purposes.
The State Police may disclose information collected under this
article to federal, state and local governmental agencies
responsible for conducting preemployment checks.
(c) An elected public official, public employee or public
agency is immune from civil liability for damages arising out of
any action relating to the provisions of this section except when
the official, employee or agency acted with gross negligence or in
bad faith.
§15-13-7. Duties of institution officials.
In addition to the duties imposed by sections three and five
of this article, the official in charge of the place of confinement
shall inform any person required to register under this article,
before parole or release, of the duty to register. Further, the
official shall obtain the full address of the person and a
statement signed by the person acknowledging that the person has
been informed of his or her duty to register.
§15-13-8. Information shall be released when person moves out of
state.
(a) A person who is required to register pursuant to the
provisions of this article, who intends to move to another state or
country shall at least ten business days prior to such move notify
the State Police of his or her intent to move and of the location
to which he or she intends to move, or if that person is incarcerated he or she shall notify correctional officials of his
or her intent to reside in some other state or country upon his or
her release, and of the location to which he or she intends to
move.
(b) Upon such notification, the State Police shall notify
law-enforcement officials of the jurisdiction where the person
indicates he or she intends to reside of the information provided
by the person under the provisions of this article.
§15-13-9. Failure to register or provide notice of registration
changes; penalty.
(a) Except as provided in this section, any person required to
register under this article who knowingly provides false
information or who refuses to provide accurate information when so
required by this article, or who knowingly fails to register or
knowingly fails to provide a change in any information as required
by this article, is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than two hundred fifty dollars nor
more than ten thousand dollars or imprisoned in jail not more than
one year, or both: Provided, That each time the person has a
change in any of the registration information as required by this
article and fails to register the change or changes, each failure
to register each separate item of information changed shall
constitute a separate offense.
(b) Any person required to register under this article who is convicted of a second or subsequent offense of failing to register
or provide a change in any information as required by this article
who knowingly provides false information or who refuses to provide
accurate information when so required by terms of this article or
who knowingly fails to register or knowingly fails to provide a
change in information as required by this article is guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility for not less than one year nor more than five
years.
(c) In addition to any other penalty specified for failure to
register under this article, any person under the supervision of a
probation officer, parole officer or any other sanction short of
confinement in jail or prison who knowingly refuses to register or
who knowingly fails to provide a change in information as required
by this article shall be subject to immediate revocation of
probation or parole and returned to confinement for the remainder
of any suspended or unserved portion of his or her original
sentence.
§15-13-10. Registration of out-of-state offenders.
(a) When any probation or parole officer accepts supervision
of and has legal authority over any person required to register
under this article from another state under the terms and
conditions of the Uniform Act for Out-of-state Parolee Supervision
established under article six, chapter twenty-eight of this code, the officer shall give the person written notice of the
registration requirements of this section and obtain a signed
statement from the person required to register acknowledging the
receipt of the notice. The officer shall obtain and submit to the
State Police the information required in subsection (d), section
three of this article.
(b) Any person:
(1) Who resides in another state or federal or military
jurisdiction;
(2) Who is employed, carries on a vocation, is a student in
this state or is a visitor to this state for a period of more than
fifteen continuous days; and
(3) Who is required by the state, federal or military
jurisdiction in which he or she resides to register in that state,
federal or military jurisdiction as a child abuser, or has been
convicted of a violation in that state, federal or military
jurisdiction that is similar to a violation in this article
requiring registration as a child abuser in this state, shall
register in this state and otherwise comply with the provisions of
this article.
(c) Any person changing residence to this state from another
state or federal or military jurisdiction who is required to
register as a child abuser under the laws of that state or federal
or military jurisdiction shall register as a child abuser in this state.