WEST virginia Legislature
2016 regular session
Introduced
House Bill 4455
By Delegates Upson, Blair, Householder, Lane, Ihle, Statler and Kurcaba
[Introduced February 9,
2016; 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 sex offender registrants; prohibiting Halloween related contact with children; and providing a misdemeanor criminal penalty.
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. Halloween, restrictions on conduct; violations; penalty.
(a) All registrants, including those for whom there has been no change in registration information since their initial registration or previous address verification, shall on October 31 of each year:
(1) Avoid all Halloween related contact with children;
(2) Remain inside the registrant’s residence between the hours of 5 p. m. and 10:30 p. m. unless required to be elsewhere for just cause including, but not limited to, employment or medical emergencies;
(3) Leave all outside residential lighting off during the evening hours after 5 p. m.
(b) Any person required to register as a sex offender under this article who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 or confined in jail not more than one year, or both fined and confined.
NOTE: The purpose of this bill is to prohibit sex offender registrants from having Halloween related contact with children. The bill also provides a misdemeanor criminal penalty for violations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.