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.