H. B. 4798
(By Delegates Miley and Fragale)
[Introduced February 24, 2006; referred to the
Committee on Education.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-12-11, relating
to prohibiting registered sex offenders from entering schools
without permission and accompaniment by a principal or
vice-principal; prohibiting a registered sex offender from
entering a day care facility without being accompanied by an
employee of the facility over twenty-one years of age; and
penalties.
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. Registered sex offender prohibited from entering
schools and day care centers; exception; penalties.
(a) A person who is required to register as a sex offender
pursuant to the provisions of this article is prohibited from
entering a primary, elementary or secondary school unless he or she
receives the permission of a principal or vice-principal of the
school. The registered sex offender must be accompanied by the
principal or vice-principal at all times while he or she is within
the primary, elementary or secondary school.
(b) A person who is required to register as a sex offender
pursuant to the provisions of this article is prohibited from
entering any day care facility unless accompanied by an individual
older than twenty-one years of age and who is employed by the day
care facility.
(c) Any person who is convicted of or pleads guilty to a
violation of subsections (a) or (b) of this section is guilty of a
felony and shall be imprisoned not less than one year nor more than
ten years and fined not less than one thousand dollars nor more
than five thousand dollars. Upon conviction or a guilty plea of a
violation of subsections (a) or (b) of this section a second time,
the person shall be guilty of a felony and imprisoned not less than
two years nor more than ten years and fined not less than five
thousand dollars nor more than ten thousand dollars. Upon
conviction or a guilty plea of a violation of subsections (a) or
(b) of this section a third time, the person shall be guilty of a felony and imprisoned for life.
NOTE: The purpose of this bill is to prohibit registered sex
offenders from entering schools unless accompanied by a principal
or vice-principal of the school or day care facilities unless
accompanied by an employee over twenty-one years of age. The bill
also provides penalties for violations.
§15-12-11 is new; therefore, strike-throughs and underscoring
have been omitted.