H. B. 2995

         (By Delegates Smith, Lawrence, Ellem, Lane,

            Ferro, C. Miller, Pino, Miley, M. Poling,

                      Skaff and Barker)

         [Introduced February 3, 2011; referred to the

         Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-19, relating to requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; requiring the organization that accepts the sex offender as a volunteer to notify the parents or guardians of those minors of his or her conviction; and setting forth penalties.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding there a new section, designated §61-8B-19, to read as follows:

ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-19. Sex offender acting as volunteer; notice requirement;               penalties.

    (a) Any person who has been convicted of an offense described in this article who volunteers for an organization whose volunteers have direct contact with minors must inform the organization of his or her conviction at the time of volunteering. This notification must be in writing and submitted to the head of the organization or, if applicable, the person who has principal control of the organization’s activities.

    (b) If, after the notification required by subsection (a) of this section has been received,and the organization permits the offender to be a volunteer, the organization must notify, in writing, the parents or guardians of all minors involved of the offender’s criminal record.

    (c) This section applies to all registered sex offenders regardless of the date of conviction.

    (d) Any person previously registered as a sex offender and who has a continuing obligation to be registered as a sex offender shall be notified of his or her obligation pursuant to this section, with the first reregistration form to be sent to that person after July 1, 2011.

    (e) If the registered sex offender is currently volunteering for an organization that has direct contact with minors, the offender must, upon receipt of notice requiring notification, resign or immediately notify, in writing, the organization of his or her criminal record.

    (f) A convicted sex offender who fails to comply with this section is guilty of a misdemeanor and, upon conviction, shall be confined in jail for a term not to exceed six months, or fined not more than $1,000, or both confined and fined.

    NOTE: The purpose of this bill is to require a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction. The bill requires an organization that accepts the sex offender to be a volunteer to notify the parents or guardians of those minors of his or her conviction. The bill also sets forth penalties.

    This section is new; therefore, it has been completely underscored.