H. B. 2418


(By Delegates Louisos, Webb, Walters,
Coleman, Cann, Henderson and Evans)

[Introduced March 5, 1997; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact section one, article seven, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to confidentiality of juvenile records and removing the prohibition against publishing the names of certain juvenile offenders.

Be it enacted by the Legislature of West Virginia:
That section one, article seven, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-1. Confidentiality of records.
All records of the state department, the court and its officials, law-enforcement agencies and other agencies or facilities concerning a child as defined in this chapter shall be kept confidential and shall not be released: Provided, That such records, except adoption records, juvenile court records and records disclosing the identity of a complainant of child abuse or neglect, shall be made available (1) where authorized by this chapter; (2) to the child, parent, or the attorney of the child or parent, whether or not in connection with judicial proceedings; (3) with the written consent of the child or of someone authorized to act in the child's behalf; or (4) pursuant to subpoena or order of a court of record: Provided, however, That a subpoena for such records may be quashed if the court determines that disclosure is not for a bona fide purpose and compromises the confidentiality intended by this section. The official court file pertaining to the person who is the subject of a neglect or abuse proceeding shall be open for inspection only to the child, the child's parent or custodian, their counsel and other parties to the proceedings before the court. No record or information shall be transmitted to any federal or state agency except as specifically provided herein.
Except in juvenile proceedings which are transferred to criminal proceedings, law-enforcement records and files concerning a child shall be kept separate from the records and files of adults and not included within the court files. Law enforcement records and files concerning a child shall be open to inspection pursuant to the provisions of section seventeen, article five of this chapter.
Any person who willfully violates this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in jail not more than six months, or both such fine and imprisonment, and shall be liable for damages in the amount of three hundred dollars or actual damages, whichever is greater.
(a) Except as otherwise provided in this chapter, all records concerning a child or juvenile which are maintained by a state department, agency, court or law-enforcement agency shall be kept confidential and may not be released or disclosed to anyone. No information regarding a child or juvenile, regardless of whether the information is contained in a written record, may be disclosed to anyone by any state department, agency, court or law-enforcement agency. No juvenile records or information may be transmitted to any federal or state agency except as specifically provided in this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section or any other provision of this code to the contrary, records concerning a child or juvenile, except adoption records, law-enforcement and court records, and records related to child abuse or neglect proceedings, shall be made available:
(1) Where otherwise authorized by this chapter;
(2) To the child, parent or the attorney of the child or parent;
(3) With the written consent of the child or of someone authorized to act on the child's behalf; or
(4) Pursuant to a subpoena or order of a court of record. However, a subpoena for juvenile records may be quashed by a court for good cause.
(c) Records related to child abuse or neglect proceedings shall be made available for inspection only by the child, his or her parents or custodian, the child's counsel and other parties to the proceeding. Adoption records, law-enforcement records and court records shall be made available only as otherwise authorized by this code.
(d) Notwithstanding the provisions of subsection (a) of this section or any other provision of this chapter to the contrary, the name and age of a child or juvenile who has attained the age of ten years, and the type of offense with which he or she is charged, may be released to the general public in cases in which the child or juvenile has been found guilty of juvenile delinquency for any offense which would be a misdemeanor or felony if it was committed by an adult.
(e) Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, incarcerated not more than six months, or be both fined and incarcerated. Furthermore, a person who willfully violates this section shall also be liable for damages in the amount of three hundred dollars or the actual amount of damages, whichever is greater.





NOTE: The purpose of this bill is to permit the general public to have access to the names of certain juveniles who are convicted of offenses that would be misdemeanors or felonies, if committed by adults, and to allow the media to publish the names of those juvenile offenders.

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