Introduced Version
House Bill 2400 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2400
(By Delegate M. Smith)
[Introduced February 13, 2013; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §15-12-5 of the Code of West Virginia,
1931, as amended, relating to disclosure of sex offender
registration to public and private elementary and secondary
schools and institutions of higher education where the
registrant is employed or attends school.
Be it enacted by the Legislature of West Virginia:
That §15-12-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
§15-12-5. Distribution and disclosure of information; community
information programs by prosecuting attorney and
State Police; petition to circuit court.
(a) Within five business days after receiving any a
notification as described in this article, the State Police shall distribute a copy of the notification statement to:
(1) The supervisor of each county and municipal law-enforcement
office and any campus police department in the city and county where
the registrant resides, owns or leases habitable real property that
he or she regularly visits, is employed or attends school or a
training facility;
(2) The county superintendent of schools in each county where
the registrant resides, owns or leases habitable real property that
he or she regularly visits, is employed or attends school or a
training facility;
(3) The child protective services office charged with
investigating allegations of child abuse or neglect in the county
where the registrant resides, owns or leases habitable real property
that he or she regularly visits, is employed or attends school or
a training facility;
(4) All community organizations or religious organizations
which regularly provide services to youths in the county where the
registrant resides, owns or leases habitable real property that he
or she regularly visits, is employed or attends school or a training
facility;
(5) Individuals and organizations which provide day care
services for youths or day care, residential or respite care or
other supportive services for mentally or physically incapacitated
or infirm persons in the county where the registrant resides, owns or leases habitable real property that he or she regularly visits,
is employed or attends school or a training facility; and
(6) The Federal Bureau of Investigation (FBI).
(7) The State Police detachments in the county of the
offender's occupation, employment, owned or leased habitable real
property and school or training.
(8) The president, chief administrator or his or her designee
of any elementary school, secondary school and institution of higher
education, public or private, within the state where the registrant
is a student or is employed.
(b) Information concerning persons whose names are contained
in the sex offender registry is not subject to the requirements of
the West Virginia Freedom of Information Act, as set forth in
chapter twenty-nine-b of this code, and may be disclosed and
disseminated only as otherwise provided in this article and as
follows:
(1) When a person has been determined to be a sexually violent
predator under the terms of section two-a of this article, the State
Police shall notify the prosecuting attorney of the county in which
the person resides, owns or leases habitable real property that he
or she regularly visits, is employed or attends a school or training
facility. The prosecuting attorney shall cooperate with the State
Police in conducting a community notification program which is to
include publication of the offender's name, photograph, place of residence, location of regularly visited habitable real property
owned or leased by the offender, county of employment and place at
which the offender attends school or a training facility, as well
as information concerning the legal rights and obligations of both
the offender and the community. Information relating to the victim
of an offense requiring registration may not be released to the
public except to the extent the prosecuting attorney and the State
Police consider it necessary to best educate the public as to the
nature of sexual offenses. Provided, That No victim's name may be
released in any public notification pursuant to this subsection.
No information relating to telephone or electronic paging device
numbers a registrant has or uses may be released to the public with
this notification program. The prosecuting attorney and State
Police may conduct a community notification program in the county
where a person who is required to register for life under the terms
of subdivision (2), subsection (a), section four of this article
resides, owns or leases habitable real property that he or she
regularly visits, is employed or attends a school or training
facility. Community notification may be repeated when determined
to be appropriate by the prosecuting attorney;
(2) The State Police shall maintain and make available to the
public at least quarterly the list of all persons who are required
to register for life according to the terms of subdivision (2),
subsection (a), section four of this article. No information concerning the identity of a victim of an offense requiring
registration or telephone or electronic paging device numbers a
registrant has or uses may be released with this list. The method
of publication and access to this list are to be determined by the
superintendent; and
(3) A resident of a county may petition the circuit court for
an order requiring the State Police to release information about
persons that reside or own or lease habitable real property that the
persons regularly visit in that county and who are required to
register under section two of this article. The court shall
determine whether information contained on the list is relevant to
public safety and whether its relevance outweighs the importance of
confidentiality. If the court orders information to be released,
it may further order limitations upon secondary dissemination by the
resident seeking the information. In no event may information
concerning the identity of a victim of an offense requiring
registration or information relating to telephone or electronic
paging device numbers a registrant has or uses be released.
(c) The State Police may furnish information and documentation
required in connection with the registration to authorized law-
enforcement, campus police and governmental agencies of the United
States and its territories, of foreign countries duly authorized to
receive the same, of other states within the United States and of
the State of West Virginia upon proper request stating that the records will be used solely for law-enforcement-related purposes.
The State Police may disclose information collected under this
article to federal, state and local governmental agencies
responsible for conducting preemployment checks. The State Police
also may disclose information collected under this article to the
Division of Motor Vehicles pursuant to the provisions of section
three, article two, chapter seventeen-b of this code. The State
Police may also disclose information collected under this article
to the president or chief administrator of any elementary school,
secondary school or higher education institution without a campus
police department pursuant to subdivision (8), subsection (a) of
this section.
(d) An elected public official, public employee or public
agency is immune from civil liability for damages arising out of any
action relating to the provisions of this section except when the
official, employee or agency acted with gross negligence or in bad
faith.
NOTE: The purpose of this bill is to provide sex offender
registration information to elementary schools, secondary schools,
higher education institutions that lack a campus police department
where the registrant is employed or attends school.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.