HB 3164 — Requiring registered sex offenders pay annual fee

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED Committee Substitute for House Bill 3164 ByBY DelegatesDELEGATES Flanigan,FLANIGAN, Funkhouser,UNKHOUSER Pritt,, Dillon,RITT, Eldridge,ILLON, andE CampbellLDRIDGE,ANDC [OriginatingAMPBELL in[Passed theApril Committee12, on2025; the Judiciary;

Reportedin oneffect March90 24,days 2025]from Engpassage (July 11, 2025)] Enr CS for HB 3164 AAN BILLACT to amend and reenact §15-2C-2 and §15-12-2 of the Code of West Virginia, 1931, as amended, relating to establishing an annual fee for by a person required to be placed on the Central Abuse Registry,Registry; relating to providing that the funds from said annual fee shall be credited to the account of the State Police, relating to nonpayment of the annual fee having the effect of a judgment, relating to the State Police providing notice of nonpayment, relating to the creation of a lien, and the release thereof, also relating to the establishment of an annual fee by a person required to be placed on the the Sex Offender Registration Act, relating to providing that the funds from said annual fee shall be credited to the account of the State Police, relating to nonpayment of the annual fee having the effect of a judgment, relating to the State Police providing notice of nonpayment, relating to the creation of a lien, and the release thereof.

relating to providing that the funds from said annual fee shall be credited to the account of the State Police;

relating to nonpayment of the annual fee having the effect of a judgment;

relating to the State Police providing notice of nonpayment;

relating to the creation of a lien, and the release thereof;

also relating to the establishment of an annual fee by a person required to be placed on the the Sex Offender Registration Act;

relating to providing that the funds from said annual fee shall be credited to the account of the State Police;

relating to nonpayment of the annual fee having the effect of a judgment;

relating to the State Police providing notice of nonpayment;

relating to the creation of a lien, and the release thereof.

information relating to individuals convicted of specific offenses enumerated in §15-2C-3 (a) of this code with respect to a child or an incapacitated adult or an adultEnr 1 Eng CS for HB 3164 adult receiving behavioral health services;

information relating to all individuals required totoregister register with the Child Abuse and Neglect Registry established pursuant to article§15-13-1 thirteen, chapter fifteen §15- 13-1 et seq.

and information relating to all individuals required to register with the West Virginia State Police as sex offenders pursuant to the provisions of article twelve, chapter fifteen §15-12-1 et seq.

The annual fee shall be paid to the circuit clerk of the circuit court where the registrant currently 2 Eng CS for HB 3164 resides, and the registrant will provide written proof of payment of the annual fee within ten days Enr CS for HB 3164 of the payment to a State Police detachment located in the county where the registrant currently resides.

The circuit clerkclerkshall shall compile and maintain a record of any payment made by a registrant to which the State Police shall have access.

(b) Any person who has been convicted of an offense or an attempted offense or has been found not guilty by reason of mental illness, mental retardation, or addiction of an offense under 3 Eng CS for HB 3164 any of the following provisions of this code or under a statutory provision of another state, the Enr CS for HB 3164 United States Code or the Uniform Code of Military Justice which requires proof of the same essential elements shall register as set forth in §15-12-2(d) of this code and according to the internal management rules promulgated by the superintendent under authority of §15-2-25 of this code:

of this code,code; including the provisions of former §61-8B-6 of this code, relating to the offense of sexual assault of a spouse, which was repealed by an act of the Legislature during the 2000 legislative session;

(3) (4) §61-8C-1 et seq.

(4) (5) §61-8D-5 and §61-8D-6 of this code;

(5) (6) §61-2-14(a) of this code;

(6) (7) §61-8-6, §61-8-7, §61-8-12, and §61-8-13 of this code;

(7) (8) §61-3C-14b of this code, as it relates to violations of those provisions of chapter 61 listed in this subsection;

or (8) (9) §61-14-2, §61-14-5, and §61-14-6 of this code:

(d) A person required to register under the provisions of this article shall register in person at the West Virginia State Police detachment responsible for covering the county of his or her 4 Eng CS for HB 3164 residence, and in doing so, provide or cooperate in providing, at a minimum, the following when registering:

Enr CS for HB 3164 (2) The address where the registrant intends to reside or resides at the time of registration, the address of any habitable real property owned or leased by the registrant that he or she regularly visits:

5 Eng CS for HB 3164 (10) A photocopy of a valid driver’s license or government-issued identification card, including a tribal identification card;

and Enr CS for HB 3164 (13) Any identifying information, including make, model, serial number, and photograph, regarding any unmanned aerial vehicle owned or operated by a registrant.

(2) Notwithstanding any provision of this article to the contrary, a court of this state shall, upon presiding over a criminal matter resulting in conviction or a finding of not guilty by reason of mental illness, mental retardation, or addiction of a qualifying offense, cause, within 72 hours of 6 Eng CS for HB 3164 entry of the commitment or sentencing order, the transmittal to the sex offender registry for inclusion in the registry all information required for registration by a registrant as well as the following nonidentifying information regarding the victim or victims:

Enr CS for HB 3164 (B) His or her age at the time of the offense;

(f) For any person determined to be a sexually violent predator, the notice required by §15-§15-12-2(d) 12-2(d) of this code must also include:

Persons who have not signed a statement under the provisions of this subsection and who are subject to the registration requirements of this article must be informed of the requirement by the 7 Eng CS for HB 3164 State Police whenever the State Police obtain information that the person is subject to registration requirements.

The information required to be made public by the State Police by §15-12-5(b)(2) of this code is to be accessible through the Enr CS for HB 3164 Internet.

(l) For purposes of this article, the term "mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a 8 Eng CS for HB 3164 manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

Enr CS for HB 3164 (n) For the purposes of this article, the term "business days" means days exclusive of Saturdays, Sundays, and legal holidays as defined in §2-2-1 of this code.

Provided, however, That written notice by the State Police served upon the registrant, by certified mail at the last address provided by the registrant, stating that that the annual fee has not been paid, may be recorded 30 days after the notice was received by the registrant in the office of the county clerk where the person required to 9 Eng CS for HB 3164 register resides.

10Enr CS for HB 3164 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.