H. B. 4459
(By Delegates Reynolds, Frazier, Marcum, Hall,
Hunt, Manchin, Pino, Ferro and Sobonya)
[Introduced February 8, 2012; 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; and to amend and reenact §49-5-13b of said code, all relating to creating a juvenile sex offender registration; authorizing a court to require a convicted juvenile sex offender whose underlying offense constitutes a first or second degree sexual assault and who is sixteen years of age or older to register on the juvenile sex offender registration; and maintaining confidentiality of juvenile sex offender registrations except for disclosure to law enforcement, school administration and counsel.
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; and that §49-5-13b be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
§15-12-11. Juvenile sex offender registration.
(a) Juvenile sex offenders who are required to register by court order pursuant to subdivision (5), subsection (a), section thirteen-b, article five, chapter forty-nine of this code, shall register in person, accompanied by his or her parent or guardian unless emancipated, at the West Virginia State Police detachment in the county of his or her residence and the county in which he or she attends school or training facility and shall provide the following information:
(1) Full name including aliases, nicknames or other names used by the registrant;
(2) The physical address where the registrant intends to reside or does reside at the time of registration;
(3) The name and address of the school or training facility attended by the registrant or the school or training facility where the registrant intends to enroll and attend;
(4) The registrant’s social security number;
(5) A full-face photograph of the registrant at the time of registration;
(7) Information related to any motor vehicle regularly operated by the registrant including vehicle make, model, color and license plate number;
(8) The physical address and telephone of the registrant’s parent(s) or legal guardian(s) and any other relative or person with whom the registrant regularly engages in overnight visits;
(9) Information relating to any Internet accounts the registrant has and the screen names, user names or aliases the registrant uses on the Internet; and
(10) Information relating to any telephone number that the registrant has or uses including, but not limited to, residential, work, school and mobile telephone numbers.
(b) When a juvenile sex offender who is required to register under this section has been placed in an inpatient treatment facility or detention facility prior to registration, the administrator of the treatment or detention facility shall, prior to the discharge of the juvenile, obtain all information required under subsection (a) of this section and forward to the appropriate West Virginia State Police detachment along with notice of scheduled discharge date. The facility administrator shall also inform the juvenile of his or her duty to register within three business days of his or her discharge.
(c) When a court orders a juvenile sex offender registration as a condition of disposition under subdivision (5), subsection (a), section thirteen-b, article five, chapter forty-nine of this code, it shall, within seventy-two hours of entry of the disposition order, forward to the appropriate West Virginia State Police detachment all information required under subsection (a) of this section and the following nonidentifying information regarding the victim or victims:
(1) His or her sex;
(2) His or her age at the time of the offense; and
(3) The relationship between the victim and the juvenile offender.
(d) At the time of entering a disposition order under subdivision (5), subsection (a), section thirteen-b, article five, chapter forty-nine of this code, requiring a juvenile to register as described in this section, the court shall inform the juvenile of the requirements to register under this section and shall satisfy itself by interrogation of the juvenile or his or her counsel that the juvenile received notice of the provisions of this section and understands the provisions. The juvenile and his or her counsel shall sign a statement in open court acknowledging that the requirements are understood. A copy of this statement shall be included and forwarded along with the information required under subsection (c) of this section.
(e) Information maintained on the juvenile sex offender registration is confidential and may not be disclosed except to the superintendent of the county school system where the juvenile attends school or intends to attend school or to the administrator of a training facility where the juvenile is enrolled or intends to enroll and to counsel for the juvenile, upon request. The State Police detachment shall notify the superintendent of the county school system where the juvenile attends school or intends to attend or the administrator of a training facility where the juvenile attends or intends to attend that a juvenile has registered on the juvenile sexual offender registration who does or will attend the school or training facility. The notification shall inform that the information may be disclosed to the school or training facility, upon request, and is strictly confidential.
(f) Each time that a registered juvenile sex offender has a change in any of the registration information required by this section, he or she shall inform the State Police detachment, in person.
(g) If a juvenile fails to register as ordered under subdivision (5), subsection (a), section thirteen-b, article five, chapter forty-nine of this code, the State Police detachment that is the recipient of court notification under subsection (c) of this section, shall notify the court of the failure within five business days following the last day upon which the juvenile had the duty to register and mail copy of this notification, by certified mail, to the juvenile, his or her parents and counsel for the juvenile.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13b. Authority of the courts to order fines; revocation of vehicle privileges and restitution; and register on juvenile sex offender registration.
(a) In addition to the methods of disposition provided in section thirteen of this article, the court may enter an order imposing one or more of the following penalties, conditions and limitations:
(1) Impose a fine not to exceed $100 upon such the child;
(2) Require the child to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the child was found to be delinquent, or if the child does not make full restitution, require the custodial parent or parents, as defined in section two, article seven-a, chapter fifty-five, of the child to make partial or full restitution to the victim to the extent the child fails to make full restitution;
(3) Require the child to participate in a public service project under such conditions as the court prescribes, including participation in the litter control program established pursuant to the authority of section three, article fifteen-a, chapter twenty-two of this code;
(4) When the child is fifteen years of age or younger and has been adjudged delinquent, the court may order that the child is not eligible to be issued a junior probationary operator's license or when the child is between the ages of sixteen and eighteen years and has been adjudged delinquent, the court may order that the child is not eligible to operate a motor vehicle in this state and any junior or probationary operator's license shall be surrendered to the court. Such The child's driving privileges shall be suspended for a period not to exceed two years and the clerk of the court shall notify the Commissioner of the Division of Motor Vehicles of such the order;
(5) Require the child, if convicted of a sexual offense which constitutes a first or second degree sexual assault and if sixteen years of age or older, to register on the juvenile sex offender list under section eleven, article twelve, chapter fifteen of this code.
(b) Nothing herein stated shall This section does not limit the discretion of the court in disposing of a juvenile case Provided, except that the juvenile shall not be denied court may not deny probation or any other disposition pursuant to this article because the juvenile is financially unable to pay a fine or make restitution or reparation Provided, however, and that all penalties, conditions and limitations imposed under this section shall be based upon a consideration by the court of the seriousness of the offense, the child's ability to pay and a program of rehabilitation consistent with the best interests of the child.
(c) Notwithstanding any other provisions of this code to the contrary, in the event a child charged with delinquency under this chapter is transferred to adult jurisdiction and there convicted, the court may nevertheless, in lieu of sentencing such person as an adult, make its disposition in accordance with this section.
NOTE: The purpose of this bill is to create a juvenile sex offender registration and to authorize courts to order a juvenile, if sixteen years of age or older and whose offense constitutes a first or second degree sexual assault, to register as a condition of its disposition order.
§15-12-11 is new; therefore, it has been completely underscored.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.