H. B. 4050
(By Mr. Speaker, Mr. Kiss, and Delegates
Iaquinta, Crosier, Miley, Hartman, Trump,
Fragale, Argento, Yost and Barker)
[Introduced January 19, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §15-12-10 of the Code of West Virginia,
1931, as amended, relating to sex offenders generally; setting
limitations on the residency of convicted sex offenders; and
providing a penalty for violations.
Be it enacted by the Legislature of West Virginia:
That §15-12-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
§15-12-10. Address verification and limitation on residency.
(a) The State Police shall verify addresses of those persons
registered as sexually violent predators every ninety days and all
other registered persons once a year. The State Police may require
registrants to periodically submit to new fingerprints and
photographs as part of the verification process. The method of
verification shall be in accordance with internal management rules pertaining thereto promulgated by the superintendent under
authority of section twenty-five, article two, chapter fifteen of
this code.
(b) No adult criminal sex offender may establish a residence
or accept employment within two thousand feet of the property on
which any school or child care facility is located.
(c) No adult criminal sex offender may establish a residence
or any other living accommodation within one thousand feet of the
property on which any of his or her former victims, or the victims'
immediate family members reside.
(d) No adult criminal sex offender may establish a residence
or any other living accommodation where a minor resides.
(e) An adult criminal sex offender may reside with a minor if
the adult criminal sex offender is the parent, grandparent, or
stepparent of the minor, unless one of the following conditions
applies:
(1) The adult criminal sex offender's parental rights have been
or are in the process of being terminated as provided by law.
(2) Any minor or adult child, grandchild, or stepchild of the
adult criminal sex offender was a victim of a criminal sex offense
committed by the adult criminal sex offender.
(3) Any minor sharing a residence with the adult criminal sex
offender at the time of the offense was a victim of a criminal sex
offense committed by the adult criminal sex offender.
(f) No adult criminal sex offender is permitted to willfully
or knowingly come within one thousand feet of any of his or her
former victims or make any visual or audible sexually suggestive or
obscene gesture, sound, or communication at or to a former victim.
(g) Changes to property within two thousand feet of an adult
criminal sex offender's registered address which occur after an
adult criminal sex offender establishes residency or accepts
employment do not form the basis for finding that a criminal sex
offender is in violation of the residence or employment restrictions
of this article.
(h) An adult criminal sex offender who knowingly violates the
provisions of this section is guilty of a felony and, upon
conviction thereof, shall be fined not more than one thousand
dollars or imprisoned in a state correctional facility not less than
one year, or both fined and imprisoned.
NOTE: The purpose of this bill is to restrict the location of
the residence of a convicted sex offender and to provide a felony
penalty for violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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