H. B. 4114
(By Delegate Walker)
[Introduced January 9, 2014; 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 §48-9-105, relating to preventing a person who is convicted of sexual assault from obtaining custody of a child born as a result of the sexual assault.
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 §48-9-105, to read as follows:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.
PART 1. SCOPE; OBJECTIVES; PARTIES; PARENT
EDUCATION CLASSES; CUSTODY PRECLUDED BY SEXUAL ASSAULT.
§48-9-105. Custody precluded by sexual assault.
A person who has been convicted of sexual assault in accordance with provisions of article eight-b, chapter sixty-one of this code, may not be awarded custody of a child resulting from the sexual assault.
NOTE: The purpose of this bill is to prevent rapists from obtaining custody of a child resulting from the rape.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.