SB 404 — Relating to sex offender registry information

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 404 By Senators Weld and Cline,Cline original[Originating sponsorsin [Passedthe MarchCommittee 7,on 2018;the Judiciary;

inreported effecton 90February days6, from2018] passage]     ANA ACTBILL to amend and reenact §15-12-2 and §15-12-4 of the Code of West Virginia, 1931, as amended, all relating generally to the sex offender registry;

(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 any of the following provisions of chapter sixty-one of this code or under a statutory provision of another state, the 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, 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the provisions of former §61-8B-6 of this code, relating to the offense of sexual assault of a spouse, which was repealed by an act of the Legislature during the year 2000 legislative session;

(c) Any person who has been convicted of a criminal offense where and the sentencing judge made a written finding that the offense was sexually motivated shall also register as set forth in this article.

(d) A person Persons 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 residence, and in doing so, provide or cooperate in providing, at a minimum, the following when registering:

(6) Fingerprints The registrant’s fingerprints and palm prints;

Provided, That for the purposes of this article, the term “trailer” shall mean means travel trailer, fold-down camping trailer, and house trailer as those terms are defined in §17A-1-1 of this code;

and (9) Information related to any telephone or electronic paging device numbers that the registrant has or uses, including, but not limited to, residential, work, and mobile telephone numbers;

(g) At the time the person is convicted or found not guilty by reason of mental illness, mental retardation, or addiction in a court of this state of the crimes set forth in §15-12-2(b)§15-12-2 (b) of this code, the person shall sign in open court a statement acknowledging that he or she understands the requirements imposed by this article.

The court shall inform the person so convicted or adjudicated of the requirements to register imposed by this article and shall further satisfy itself by interrogation of the defendant or his or her counsel that the defendant has received notice of the provisions of this article and that the defendant understands the provisions.

The 10-year registration period shall may not be reduced by the sex offender's release from probation, parole, or supervised or conditional release;

or (B) has been convicted or has been found not guilty by reason of mental illness, mental retardation, or addiction of a qualifying offense as referred to in this article, and upon motion of the prosecuting attorney, the court finds by clear and convincing evidence that the qualifying offense involved multiple victims or multiple violations of the qualifying offense;

or (C) has been convicted or has been found not guilty by reason of mental illness, mental retardation, or addiction of a sexually violent offense;

or (D) has been determined pursuant to §15-12-2a of this code to be a sexually violent predator;

(b) A person whose conviction is overturned for the offense which required him or her them to register under this article shall, upon petition to the court, have his or her their name removed from the registry.