H. B. 2870
(By Delegate Frederick)
[Introduced February 23, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article eight-d, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a, relating to crimes and their punishment; creating
the criminal offense of failing to supervise a child; and
providing criminal penalty and defenses to the offense.
Be it enacted by the Legislature of West Virginia:
That article eight-d, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a, to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-3a. Creating the offense of failing to supervise a child;
affirmatives; payment of restitution; warning and suspension of sentence for first offense; parent effectiveness program in lieu of fine for second offense; maximum fine.
(a) A parent, guardian or custodian commits the offense of
failing to supervise a child under the age of eighteen years if
the child:
(1) Commits an act that brings the child within the
jurisdiction of the juvenile court;
(2) Violates a curfew law of a municipality, county or any
other political subdivision of this state;
(3) Fails to attend school as required under the provisions
of section one, article eight, chapter eighteen of this code.
(b) Nothing in this section applies to a child-caring agency
or to foster parents.
(c) In a prosecution of a person for failing to supervise a
child under subsection (a) of this section, it is an affirmative
defense that the person: (1) Is the victim of the act that
brings the child within the jurisdiction of the juvenile court;
or (2) reported the act to the appropriate authorities.
(d) In a prosecution of a person for failing to supervise a
child under subsection (a) of this section, it is an affirmative
defense that the person took reasonable steps to control the
conduct of the child at the time the person is alleged to have failed to supervise the child.
(e) (1) In a prosecution of a person for failing to
supervise the child under the provisions of subsection (a) of
this section, the court may order the person to pay restitution
to a victim for pecuniary damages arising from the act of the
child that brings the child within the jurisdiction of the
juvenile court.
(2) The amount of restitution ordered under this subsection
may not exceed two thousand five hundred dollars.
(3) If a person pleads guilty to or is found guilty of
failing to supervise a child under this section and if the person
has not previously been convicted of failing to supervise a
child, the court: (i) Shall warn the person of the penalty for
future convictions of failing to supervise a child and shall
suspend imposition of sentence; and (ii) may not order the person
to pay restitution under this section.
(f)(1) If a person pleads guilty to or is found guilty of
failing to supervise a child under this section and if the person
has only one prior conviction for failing to supervise a child,
the court, with the consent of the person, may suspend imposition
of sentence and order the person and the child to complete a
parent effectiveness program to the satisfaction of the court,
and, upon satisfactory completion of the program, may discharge
the person. If the person and the child fail to complete the parent effectiveness program to the satisfaction of the court,
the court may impose a sentence authorized by this section.
(2) There may be only one suspension of sentence under this
subsection with respect to a person.
(g) A person who fails to supervise a child is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one thousand dollars, or, in the discretion of the court,
ordered to complete a community service program.
NOTE: This bill creates the offense of failing to supervise
a child; it provides affirmatives; allows a court to order
payment of restitution; it provides that a court may give a
warning and suspension of imposition of sentence for first
offense; allows a court to order, for second offense, parent and
child to complete a parent effectiveness program in lieu of fine;
and punishes violations by maximum fine of $1000.00 or community
service.
§61-8D-3a is new; therefore, strike-throughs and
underscoring have been omitted.