H. B. 4122
(By Delegates Hatfield, Houston, Fleischauer,
Marshall, Yeager, L. Smith and Smirl)
[Introduced January 21, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter forty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifteen-e, relating to prohibiting the awarding of child
custody or permitting visitation when the child was conceived
as the result of a sexual assault or any unlawful sexual
intercourse with the mother.
Be it enacted by the Legislature of West Virginia:
That article two, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fifteen-e, to read as follows:
ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.
§48-2-15e. Custody and visitation in cases of unlawful sexual
intercourse.
Notwithstanding any other provision of this code, if a child
is conceived and subsequently born as the result of a sexual
assault or any unlawful sexual intercourse with the mother, the
biological father of the child may not be granted custody or
permitted visitation privileges. This section applies where the
father pleads guilty or nolo contendere, is convicted of any degree
of sexual assault or other unlawful sexual intercourse or where the
mother can demonstrate by a preponderance of the evidence that the
child was conceived and subsequently born as the result of any
unlawful sexual intercourse with the mother.
NOTE: The purpose of this bill is to prohibit the awarding of
child custody or permitting visitation when a child is conceived as
the result of a sexual assault or any unlawful sexual intercourse
with the mother.
This section is new; therefore, strike-throughs and
underscoring have been omitted.