Introduced Version
Senate Bill 260 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 260
(By Senators Dempsey and Minard)
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[Introduced January 24, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-12A-1 and
§15-12A-2, all relating to creating a registry of persons
convicted of operating a clandestine drug laboratory;
designating certain information to be contained in the
registry; directing the Criminal Identification Bureau of
the State Police to create a website using descriptive terms
for the public to access relative to the information in the
registry; and requiring the Superintendent of the State
Police to propose rules to implement the provisions of said
article.
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 article, designated §15-12A-1 and
§15-12A-2,
all to read as follows:
ARTICLE 12A. REGISTRY OF CONVICTIONS FOR OPERATING A
CLANDESTINE DRUG LABORATORY.
§15-12A-1. Registry of convictions for operating a clandestine
drug laboratory; required information;
procedures.
(a) The criminal identification bureau of the West Virginia
State Police shall establish a registry, to contain information
relating to criminal final convictions of persons under the
provisions of section four hundred eleven, article four, chapter
sixty-a of this code.
(b) The registry shall contain, at a minimum, the following
information:
(1) The convicted person's full name;
(2) Sufficient information to identify the convicted person,
including date of birth, social security number and fingerprints,
if available;
(3) Identification of the criminal offense to the extent the
date of conviction, the county of conviction and the particular
drug for which the person was convicted of manufacturing or
attempting to manufacture is provided;
(4) Whether children were present during the time the
convicted person operated or attempted to operate the clandestine
drug laboratory; and
(5) Any statement by the individual disputing the conviction, if he or she chooses to make and file one.
(c) Upon conviction in the criminal courts of this state of
a a felony offense constituting the operation or attempted
operation of a clandestine drug laboratory, the individual so
convicted shall be placed on the registry.
§15-12A-2. Reports of certain convictions by prosecuting
attorneys; providing website information;
superintendent to propose rules.
(a) The prosecuting attorneys in each of the fifty-five
counties within the state, upon conviction of a person for
violating the provisions of section four hundred eleven, article
four, chapter sixty-a of this code, shall report the conviction
to the registry, together with additional information, provided
in a form, as may be required by the criminal identification
bureau for registry purposes. Reporting procedures shall be
developed by the criminal identification bureau in conjunction
with the prosecuting attorneys' institute and the office of the
administrator of the Supreme Court of Appeals.
(b) Information relating to convictions prior to the
effective date of this section shall, to the extent feasible and
practicable, be placed on the registry. When any requester
requests information related to a named individual, the criminal
identification bureau may search and release other information
maintained by the bureau to determine whether that individual has been convicted of an offense subject to inclusion on the
registry. The criminal identification bureau shall also provide
an internet website which may be accessed using the descriptive
terms "meth lab conviction website of the West Virginia State
Police" which shall provide the information required by this
article.
(c) The Superintendent of the State Police shall propose
legislative rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code designed to implement
the provisions of this article.
NOTE: The purpose of this bill is to create a registry of
persons convicted of operating a clandestine drug laboratory.
The proposal includes provisions designating certain information
to be contained on the registry and directing the criminal
identification bureau of the State Police to create a website
using descriptive terms for the public to access relative to the
information in the registry.
This article is new; therefore, strike-throughs and
underscoring have been omitted.