H. B. 4113

         (By Delegate Staggers)

         [Introduced January 9, 2014; referred to the

         Committee on the Judiciary.]

A BILL to amend and reenact §48-9-101 of the Code of West Virginia, 1931, as amended, relating to preventing a person who is convicted of sexual assault from obtaining custody of a child born as a result of the sexual assault, and from having parental rights relating to the child.

Be it enacted by the Legislature of West Virginia:

    That §48-9-101 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

PART 1. SCOPE; OBJECTIVES; PARTIES

AND PARENT EDUCATION CLASSES.

§48-9-101. Scope of article; legislative findings and declarations; custody, parental rights precluded by certain sexual assault.

    (a) This article sets forth principles governing the allocation of custodial and decision-making responsibility for a minor child when the parents do not live together.

    (b) The Legislature finds and declares that it is the public policy of this state to assure that the best interest of children is the court’s primary concern in allocating custodial and decision-making responsibilities between parents who do not live together. In furtherance of this policy, the Legislature declares that a child’s best interest will be served by assuring that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, to educate parents on their rights and responsibilities and the effect their separation may have on children, to encourage mediation of disputes, and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or divorced.

    (c) A person who has been convicted of sexual assault in accordance with provisions of article eight-b, chapter sixty-one of this code, may not be awarded custody of a child resulting from the sexual assault, and forfeits all parental rights relating to the child, as those rights are defined in section three, article one, chapter forty-nine of this code.

    NOTE: The purpose of this bill is to prevent rapists from obtaining custody of a child resulting from the rape, and from having parental rights relating to the child.

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