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Introduced Version House Bill 3336 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3336


(By Delegates Carmichael, Walters,
Armstead and Sobonya)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11, relating to restricting a registered sex offender from knowingly entering the proximity of a school or other facility for minors.

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. Prohibition against entering school grounds or other juvenile facility.

When releasing on probation or parole any person convicted of an offense for which registration is required under this article, the court or other body effecting such release shall require, as a mandatory condition of the probation or parole, that the offender shall refrain from knowingly entering within one thousand feet of any public or private school in this state, or of any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present, except that when the offender is a registered student or participant or an employee of such facility or institution or entity contracting therewith or has a family member enrolled in such facility or institution, the offender may, with the written authorization of his or her probation officer or the court and the superintendent or chief administrator of such facility, institution or grounds, enter such facility, institution or upon such grounds for the limited purposes authorized by the probation officer or the court and superintendent or chief officer. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on the offender.




NOTE: The purpose of this bill is to prohibit a sex offender released on probation or parole from entering within 1000 feet of a school or other facility where children are cared for, unless written authorization to do so if granted by the court or probation officer and the administrator of the school or facility.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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