HB2025 S JUDICIARY AM#1

LOVELL 7908

            The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

            That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-8-29, to read as follows:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-29. Criminal loitering by persons on supervised release.

            (a) Any person serving a period of supervised release of ten years or more pursuant to the provision of section twenty-six, article twelve, chapter sixty-two of this code who loiters within one thousand feet of the property line of the residence or workplace of a victim of a sexually violent offense for which the person was convicted shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than thirty days.

            (b) Any person serving a period of supervised release of ten years or more pursuant to the provisions of section twenty-six, article twelve, chapter sixty-two of this code for an offense where the victim was a minor who loiters within one thousand feet of the property line of a facility or business the principal purpose of which is the education, entertainment or care of minor children, playground, athletic facility or school bus stop shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not more than thirty days.

            (c) A person does not violate the provisions of subsection (a) or (b) of this section unless he or she has previously been asked to leave the proscribed location by an authorized person and thereafter refuses to leave or leaves and thereafter returns to the proscribed location.

            (d) As used in this section:

            (1) “Authorized person” means:

            (A) A law-enforcement officer acting in his or her official capacity;

            (B) A security officer employed by a business or facility to protect persons or property acting in his or her employment capacity;

            (C) An owner, manager or employee of a facility or business having a principal purpose the caring for, education or entertainment of minors;

            (D) A victim or parent, guardian or lawful temporary or permanent custodian thereof;

            (E) An employee of a county Board of Education acting in his or her employment capacity.

            (2) “Facility or business, the principal purpose of which is the education, entertainment or care of minor children” means:

            (A) A pre-school, primary, intermediate, middle or high school, either public or private;

            (B) A childcare facility;

            (C) A park;

            (D) An athletic facility used by minors;

            (E) A school bus stop.

            (3) “Loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose.

            (e) Nothing in this section shall be construed to prohibit or limit a person’s presence within one thousand feet of a location or facility referenced in this section if the person is there present for the purposes of supervision, counseling or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present.