Introduced Version
House Bill 2338 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2338
(By Delegate M. Smith)
[Introduced February 13, 2013; 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 §61-8B-19, relating
to requiring a convicted sex offender who volunteers for an
organization whose volunteers have contact with minors to
inform that organization of his or her conviction; requiring
the organization that accepts the sex offender as a volunteer
to notify the parents or guardians of those minors of his or
her conviction; and setting forth penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding there a new section, designated §61-8B-19, to read as
follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-19. Sex offender acting as volunteer; notice requirement; ________________________penalties.
_____(a) A person who has been convicted of an offense described in
this article who volunteers for an organization whose volunteers
have direct contact with minors must inform the organization of his
or her conviction at the time of volunteering. This notification
must be in writing and submitted to the head of the organization
or, if applicable, the person who has principal control of the
organization's activities.
_____(b) For purposes of this section, the services, places or
activities where there is or may be direct contact with a minor
referred to in subsection (a) of this section include, but are not
limited to:
_____(1) Child protection services;
_____(2) Child care services;
_____(3) Educational institutions;
_____(4) Community services, youth residential centers, youth
supervision units or youth training centers;
_____(5) Retreats or other residential facilities used by children;
_____(6) Pediatric wards of hospitals;
_____(7) Clubs, associations or movements (including of a cultural,
recreational or sporting nature) that provide services or conduct
activities for, or directed at, children or whose membership is
mainly comprised of children, such as Boy and Girl Scouts, 4-H, Big
Brother or Big Sister programs;
_____(8) Religious organizations;
(9) Baby sitting or child minding services;
_____(10) Fostering children;
_____(11) Providing a transport service specifically for children;
_____(12) Coaching or tutoring services of any kind for children;
_____(13) Counseling or other support services for children;
_____(14) Overnight or day camps for children regardless of the
type of accommodation or of how many children are involved;
_____(15) School crossing services, being services provided by
people to assist children to cross roads on their way to or from
school;
_____(16) Providing an entertainment or party service for children;
_____(17) Providing, gym or play facilities for children;
_____(18) Providing photography services for children; and
_____(19) Talent, sporting or beauty competitions held for
children.
_____(c) If, after the notification required by subsection (a) of
this section has been received, and the organization permits the
offender to be a volunteer, the organization must notify, in
writing, the parents or guardians of all minors involved of the
offender's criminal record.
_____(d) This section applies to all registered sex offenders
regardless of the date of conviction.
_____(e) A person previously registered as a sex offender and who has a continuing obligation to be registered as a sex offender
shall be notified of his or her obligation pursuant to this
section, with the first reregistration form to be sent to that
person after July 1, 2013.
_____(f) If the registered sex offender is currently volunteering
for an organization that has direct contact with minors, the
offender must, upon receipt of notice requiring notification,
resign or immediately notify, in writing, the organization of his
or her criminal record.
_____(g) A convicted sex offender who fails to comply with this
section is guilty of a misdemeanor and, upon conviction, shall be
confined in jail for a term not to exceed six months, or fined not
more than $1,000, or both confined and fined.
NOTE: The purpose of this bill is to require a convicted sex
offender who volunteers for an organization whose volunteers have
contact with minors to inform that organization of his or her
conviction. The bill provides examples of those organizations. The
bill requires an organization that accepts the sex offender to be
a volunteer to notify the parents or guardians of those minors of
his or her conviction. The bill also sets forth penalties.
This section is new; therefore, it has been completely
underscored.