H. B. 3304
(By Delegate Lane)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-12-11, relating
to residency restrictions for registered sex offenders.
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. Limitation of persons required to register.
(a) Any person required to register under this article is
prohibited from:
(1) Establishing a residence or accepting employment within
one thousand feet of a school or child care facility;
(2) Establishing a residence or accepting employment within
one thousand feet the residence of a victim or victims of a sexual offense which requires the person to register; or
(3) Establishing a residence or any other living accommodation
in a household in which a child under sixteen resides if the person
has been convicted of a sexually violent offense against a child,
unless the person is one of the following:
(i) The child's parent;
(ii) The child's grandparent; or
(iii) The child's stepparent and the person was the stepparent
of the child prior to being convicted of a sexually violent
offense, the person's parental rights to any children in the home
have not been terminated, the child is not a victim of a sexually
violent offense perpetrated by the person, and the court determines
that the person is not likely to cause harm to the child or
children with whom such person will reside.
(b) Nothing in this section limits or alters a court's
authority or obligation to impose residency or employment under
chapter sixty-two of this code.
NOTE: The purpose of this bill is to impose employment and
residency restrictions on persons required to register under the
Sex Offender Registration Act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.