Introduced Version
Senate Bill 73 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 73
(By Senators Edgell, Jenkins, Yost, Fitzsimmons and Beach)
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[Introduced February 13, 2013; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-31, relating to
establishing criminal penalties for failure to report a
missing child by the child's custodian.
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 §61-2-31, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Failure to report missing child by custodian.
(a) A custodian of a child who knowingly fails to report to a
law-enforcement agency the disappearance of a child twelve years or
older in his or her custody within twenty-four hours of the time he
or she has knowledge that the child is missing is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less
than $100 nor more than $500 or confined in jail for not more than
one year, or both fined and confined.
(b) A custodian of a child who knowingly fails to report to a
law-enforcement agency the disappearance of a child eleven years or
younger in his or her custody within twenty-four hours of the time
he or she has knowledge that the child is missing is guilty of a
felony and, upon conviction thereof, shall be fined not more than
$3,000 and committed to the custody of the Division of Corrections
for not less than one nor more than five years.
(c) A custodian of a child who knowingly fails to report to a
law-enforcement agency the disappearance of a child in his or her
custody within twelve hours of the time he or she has knowledge of
the disappearance of the child and that the child's disappearance
creates a substantial risk of serious bodily injury or death to the
child is guilty of a felony and, upon conviction thereof, shall be
fined not more than $3,000 and committed to the custody of the
Division of Corrections for not less than one nor more than three
years.
(d) A custodian of a child who knowingly fails to report to a
law-enforcement agency the disappearance of a child in his or her
custody within twenty-four hours of the time he or she has
knowledge that the child is missing, and the failure to report is for the purpose of concealing a criminal act or other criminal
activity, is guilty of a felony and, upon conviction thereof, shall
be fined not less than $1,000 nor more than $5,000 and committed to
the custody of the Division of Corrections for not less than three
nor more than thirteen years.
(e) For purposes of this section, the meaning of the word
"custodian" is as defined pursuant to section one, article eight-d
of this chapter. No provision of this section is intended to
limit, modify or abrogate any duty of a caregiver otherwise
required pursuant to this code. It is the intention of the
Legislature in enacting this section that all criminal offenses and
penalties provided in this section are in addition to any other
offenses and penalties provided by law.
NOTE: The purpose of this bill is to criminalize the failure
of a custodian to report to law-enforcement officials a missing
child. The penalties vary based on age and circumstances with
enhanced penalties for failure to report when the custodian knows
the child's disappearance creates a risk of harm or death to the
child, or when a custodian fails to report the missing child to
conceal criminal conduct.
This section is new; therefore, strike-throughs and
underscoring have been omitted.