H. B. 4798


(By Delegates Miley and Fragale)
[Introduced February 24, 2006; referred to the
Committee on Education.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11, relating to prohibiting registered sex offenders from entering schools without permission and accompaniment by a principal or vice-principal; prohibiting a registered sex offender from entering a day care facility without being accompanied by an employee of the facility over twenty-one years of age; and penalties.

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, to read as follows:
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
§15-12-11. Registered sex offender prohibited from entering schools and day care centers; exception; penalties.

(a) A person who is required to register as a sex offender pursuant to the provisions of this article is prohibited from entering a primary, elementary or secondary school unless he or she receives the permission of a principal or vice-principal of the school. The registered sex offender must be accompanied by the principal or vice-principal at all times while he or she is within the primary, elementary or secondary school.
(b) A person who is required to register as a sex offender pursuant to the provisions of this article is prohibited from entering any day care facility unless accompanied by an individual older than twenty-one years of age and who is employed by the day care facility.
(c) Any person who is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section is guilty of a felony and shall be imprisoned not less than one year nor more than ten years and fined not less than one thousand dollars nor more than five thousand dollars. Upon conviction or a guilty plea of a violation of subsections (a) or (b) of this section a second time, the person shall be guilty of a felony and imprisoned not less than two years nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars. Upon conviction or a guilty plea of a violation of subsections (a) or (b) of this section a third time, the person shall be guilty of a felony and imprisoned for life.



NOTE: The purpose of this bill is to prohibit registered sex offenders from entering schools unless accompanied by a principal or vice-principal of the school or day care facilities unless accompanied by an employee over twenty-one years of age. The bill also provides penalties for violations.

§15-12-11 is new; therefore, strike-throughs and underscoring have been omitted.