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Introduced Version House Bill 3304 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3304


(By Delegate Lane)
[Introduced March 23, 2009; 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 §15-12-11, relating to residency restrictions for registered sex offenders.

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 section, designated §15-12-11, to read as follows:
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
§15-12-11. Limitation of persons required to register.
(a) Any person required to register under this article is prohibited from:
(1) Establishing a residence or accepting employment within one thousand feet of a school or child care facility;
(2) Establishing a residence or accepting employment within one thousand feet the residence of a victim or victims of a sexual offense which requires the person to register; or
(3) Establishing a residence or any other living accommodation in a household in which a child under sixteen resides if the person has been convicted of a sexually violent offense against a child, unless the person is one of the following:
(i) The child's parent;
(ii) The child's grandparent; or
(iii) The child's stepparent and the person was the stepparent of the child prior to being convicted of a sexually violent offense, the person's parental rights to any children in the home have not been terminated, the child is not a victim of a sexually violent offense perpetrated by the person, and the court determines that the person is not likely to cause harm to the child or children with whom such person will reside.
(b) Nothing in this section limits or alters a court's authority or obligation to impose residency or employment under chapter sixty-two of this code.

NOTE: The purpose of this bill is to impose employment and residency restrictions on persons required to register under the Sex Offender Registration Act.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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