Senate Bill No. 592
(By Senator Sprouse)
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[Introduced February 19, 1999; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section five, article eight-f,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to
distribution and disclosure of the full name and complete
place of residence of sexual offenders listed in the sexual
offender registry.
Be it enacted by the Legislature of West Virginia:
That section five, article eight-f, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8F. SEX OFFENDER REGISTRATION ACT.
§61-8F-5. Distribution and disclosure of information; community
information programs by prosecuting attorney and state police; petition to circuit court.
(a) Within five working days after receiving any
notification as described in this article, the state police shall
distribute a copy of the notification statement to:
(1) The supervisor of each county and municipal
law-enforcement office in the city and county where the person
will reside;
(2) The county superintendent of schools where the person
will reside;
(3) The child protective services office charged with
investigating allegations of child abuse or neglect in the county
where the person will reside;
(4) All community organizations or religious organizations
which regularly provide services to youths in the county where
the person will reside;
(5) Individuals and organizations which provide day care
services for youths or day care, residential or respite care or
other supportive services for incapacitated, infirm or mentally
incapacitated or infirm persons in the county where the
registered person will reside; and
(6) The federal bureau of investigation (FBI).
(b) Information concerning persons whose names are contained
on the list of the sexual offender registry shall be disseminated
only in the following manner, and not be subject to the
requirements of the West Virginia freedom of information act of
this code:
(1) When a person has been determined to be a sexually
violent predator under terms of section two-a of this article,
the state police shall notify the prosecuting attorney of the
county in which the person intends to reside. The prosecuting
attorney shall in cooperation with the state police conduct a
community notification program which shall include publication of
the offender's full name and complete place of residence and
information concerning the legal rights and obligations of both
the offender and the community. The prosecuting attorney and
state police may conduct a community notification program in the
county of residence of any person who is required to register for
life under the terms of subdivision (2), subsection (a), section
four of this article. Community notification may be repeated
when determined appropriate by the prosecuting attorney;
(2) The state police shall maintain and make available to
the public at least quarterly the list of all persons who are
required to register for life according to the terms of
subdivision (2), subsection (a), section four of this article.
The method of publication and access to this list shall be
determined by the superintendent; and
(3) A resident of a county may petition the circuit court
for an order requiring the state police to release information
about persons residing in that county who are required to
register under section two of this article. The court shall
determine whether information contained on the list and relevant
to public safety outweighs the importance of confidentiality, and
if the court orders information to be released, it may further
order limitations upon secondary dissemination by the resident
seeking the information.
In no event shall information concerning the identity of a
victim of an offense requiring registration be released.
(c) The state police may furnish information and
documentation required in connection with the registration to
authorized law-enforcement and governmental agencies of the United States and its territories, of foreign countries duly
authorized to receive the same, of other states within the United
States and of the state of West Virginia upon proper request
stating that the records will be used solely for law-enforcement
related purposes. The state police may disclose information
collected under this article to federal, state and local
governmental agencies responsible for conducting pre-employment
checks.
(d) An elected public official, public employee or public
agency is immune from civil liability for damages arising out of
any action relating to the provisions of this section except when
the official, employee or agency acted with gross negligence or
in bad faith.
NOTE: The purpose of this bill is to require disclosure of
the full name and complete address or place of residence of sex
offenders.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.