H. B. 4114

         (By Delegate Walker)

         [Introduced January 9, 2014; 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 §48-9-105, relating to preventing a person who is convicted of sexual assault from obtaining custody of a child born as a result of the sexual assault.

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 §48-9-105, to read as follows:

ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

PART 1. SCOPE; OBJECTIVES; PARTIES; PARENT

EDUCATION CLASSES; CUSTODY PRECLUDED BY SEXUAL ASSAULT.

§48-9-105. Custody precluded by sexual assault.

    A person who has been convicted of sexual assault in accordance with provisions of article eight-b, chapter sixty-one of this code, may not be awarded custody of a child resulting from the sexual assault.

    NOTE: The purpose of this bill is to prevent rapists from obtaining custody of a child resulting from the rape.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.