H. B. 4067
(By Delegates Frich, Tansill and Hamilton)
[Introduced January 20, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §15-12-5 of the Code of West Virginia,
1931, as amended, relating to publication of the address of
registered sex offenders; and requiring the State Police to
provide the specific address of a convicted registered sex
offender to the public.
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 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, is employed or attends
school or a training facility;
(2) The county superintendent of schools where the registrant
resides, 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, 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, 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, is
employed or attends school or a training facility; and
(6) The Federal Bureau of Investigation (FBI).
(b) Information concerning persons whose names are contained
in the sexual 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, 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, employment and education or training, 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 internet accounts, screen names, user
names or aliases 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 of residence, employment or where a person is attending
school or a training facility of any person who is required to
register for life under the terms of subdivision (2), subsection (a), section four of this article. 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
and the specific
identifying street number or address of the residence 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 information relating to Internet
accounts, screen names, user names or aliases 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 residing in that county 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 Internet accounts, screen names, user names or aliases a registrant has or uses be released;
and
(4) The State Police shall also include the specific
identifying street number or address of the residence of any
registered sex offender or the specific identifying street number
or address where any registered sex offender intends to reside in
any disclosure provided under the provisions of this section.
(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.
(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 require the State Police
to include the specific address of registered sex offenders when
releasing the name of a registered sex offender to the public.
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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