HB 4138: Relating to persons convicted of a crime - West Virginia

hb4138 hfat akers 1-30 adopted.htm → hb4138 hfat mcgeehan 3-14 adopted.htm · 2 edits

MINOR

The bill's title and moving amendment were updated to reflect a change in legislative sponsorship from Delegate Akers to Delegate McGeehan. The text now explicitly references the Central Abuse Registry and clarifies that individuals required to register under both the Central Abuse Registry and the Sex Offender Registration Act will only pay one annual fee to satisfy requirements for both.

Scope change

The bill's scope was clarified to explicitly link the Central Abuse Registry and the Sex Offender Registration Act under a single fee structure, ensuring registrants are not penalized twice for the same obligation.

SCOPE

The bill title and amendment text were updated to include the Central Abuse Registry and clarify that one annual fee satisfies registration requirements for both the Central Abuse Registry and the Sex Offender Registration Act.

TECHNICAL

The name of the bill sponsor was changed from Delegate Akers to Delegate McGeehan, and the bill reference date was updated from January 30 to March 14.

hb4138 hfa mcgeehan 3-12 _1 adopted.htm → hb4138 hfat akers 1-30 adopted.htm · 4 edits

MODERATE

The bill was amended to replace the entire text with a version that clarifies registration requirements for specific sex offenses, including sexual extortion, aggravated sexual extortion, and nonconsensual disclosure of intimate images. The amendment also ensures that individuals convicted of the former 'sexual assault of a spouse' offense remain required to register despite the repeal of that specific statute. The new version consolidates these requirements into a single, streamlined article rather than maintaining a separate 'Central Abuse Registry' section.

Scope change

The scope was narrowed and clarified; the separate 'Central Abuse Registry' for child and adult abuse was removed, and the registration requirements were consolidated into the Sex Offender Registration Act to explicitly include new and previously repealed offenses.

SCOPE

Removed the entire section establishing a separate 'Central Abuse Registry' for child abuse, neglect, and misappropriation of property.

ELIGIBILITY

Added explicit registration requirements for crimes involving sexual extortion, aggravated sexual extortion, and nonconsensual disclosure of private intimate images.

Clarified that individuals convicted of the former 'sexual assault of a spouse' offense must continue to register even though that specific statute was repealed.

REQUIREMENT

Replaced the old text with a new title and a consolidated list of offenses requiring registration to ensure clarity and compliance with current laws.

hb4138 s jud amt adopted.htm → hb4138 hfa mcgeehan 3-12 _1 adopted.htm · 6 edits

MODERATE

The bill was amended to replace the original title and scope with a comprehensive new framework establishing a 'Central Abuse Registry' alongside the existing Sex Offender Registration Act. This change expands the registry's purpose to include convictions for child abuse, neglect of incapacitated adults, and misappropriation of property by caregivers, not just sexual offenses. The amendment also standardizes the $125 annual registration fee and establishes a unified payment system where individuals registered under both the new abuse registry and the sex offender registry pay only one fee.

Scope change

The bill's scope expanded from solely regulating sex offenders to creating a new 'Central Abuse Registry' that covers a broader range of offenses, including child abuse, neglect of vulnerable adults, and financial exploitation by caregivers.

SCOPE

Creation of a new 'Central Abuse Registry' to track convictions for child abuse, neglect of incapacitated adults, and misappropriation of property by individuals providing care services.

ELIGIBILITY

New registration requirements for individuals convicted of specific non-sexual offenses involving abuse or neglect, in addition to existing sex offender requirements.

REQUIREMENT

Updated the list of offenses requiring sex offender registration to include specific chapters related to abuse and neglect, ensuring alignment with the new Central Abuse Registry.

FISCAL

Consolidated the $125 annual fee structure, clarifying that individuals registered under both the new abuse registry and the sex offender registry pay only one fee.

ENFORCEMENT

Established a mechanism for the State Police to record a judgment lien against a registrant's property if the annual fee is not paid within 30 days of notice.

DEFINITION

Added specific definitions for 'sexually motivated', 'sexually violent predator', and 'mental abnormality' to clarify the legal standards for registration.

hb4138 s jud am _1 adopted.htm → hb4138 s jud amt adopted.htm · 4 edits

MODERATE

The bill's title was updated to reflect a specific amendment adding three new offenses to the sex offender registration list, while the detailed text of the registration requirements was removed from this version of the document. This change shifts the focus from a full re-enactment of the registration article to a targeted amendment of existing laws.

Scope change

The scope of the bill is now limited to amending the existing sex offender registration statute to include specific new offenses, rather than presenting a complete version of the article.

SCOPE

The document was changed from a full text amendment to a title-only amendment that specifies adding convictions under §61-8-9(d), §61-8-28a, and §61-8-32 to the list of offenses requiring registration.

REQUIREMENT

The detailed list of registration requirements, including specific data points like fingerprints, internet accounts, and UAV information, was removed from this version of the bill.

FISCAL

The provision requiring registrants to pay an annual $125 fee and the associated fund allocation rules were removed.

DEFINITION

Definitions for terms such as 'sexually violent offense,' 'sexually motivated,' and 'sexually violent predator' were removed.

Committee Substitute → hb4138 s jud am _1 adopted.htm · 5 edits

MODERATE

The bill was amended to streamline the text by removing redundant phrases and adding new requirements for when and how offenders must register. It also introduces specific definitions for sexually violent offenses and predators, adds a $125 annual fee for registrants, and clarifies that failure to pay this fee cannot be used as a reason to violate supervised release terms.

Scope change

The scope of registration requirements remains largely the same, but the timing for registration has been clarified to include immediate registration upon conviction or release from confinement.

REQUIREMENT

Registration must now occur within three business days of release from confinement, transfer, or a change in disposition status, and courts must transmit registry information within 72 hours of sentencing.

FISCAL

A new $125 annual fee was added for registrants, with funds designated for State Police mental health services and general operations.

DEFINITION

New definitions were added for 'sexually violent offense', 'sexually violent predator', 'mental abnormality', 'predatory act', and 'business days'.

ELIGIBILITY

The list of crimes requiring registration was updated to explicitly include §61-8-9(d) and clarified the inclusion of former §61-8B-6.

ENFORCEMENT

Failure to pay the annual fee is explicitly stated not to be a violation of supervised release, though unpaid fees can result in a recorded judgment lien.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was converted from an enrolled version into a committee substitute, reverting the text to its earlier draft form. The most significant substantive change involves the fee payment process for sex offender registration: the requirement to pay fees to the State Police was replaced with a requirement to pay circuit clerks and provide proof of payment to the State Police. Additionally, the bill's scope was narrowed by removing the separate 'Central Abuse Registry' article, and the legislative history was updated to reflect the bill's origin in the Judiciary Committee.

Scope change

The bill's scope was narrowed by removing the standalone Central Abuse Registry article, focusing the legislation solely on the Sex Offender Registration Act. The applicability of the fee payment mechanism changed from direct payment to the State Police to payment via circuit clerks.

REQUIREMENT

Changed the fee payment process for sex offenders from paying the State Police directly to paying the circuit clerk and submitting proof of payment to the State Police within ten days.

SCOPE

Deleted the entire article establishing the Central Abuse Registry, removing provisions related to fees and registration for child abuse and neglect offenders.

ENFORCEMENT

Updated the bill's origin and status from 'Enrolled' to 'Committee Substitute,' indicating the bill is still under legislative review and not yet final.

TIMELINE

Removed the effective date provision stating the law would take effect 90 days after passage.

Engrossed Committee Substitute → Enrolled Committee Substitute · 5 edits · Apr 1, 2026

MODERATE

The bill was converted from a draft committee substitute to its final enrolled version, incorporating new substantive provisions that merge the Sex Offender Registration Act with a new Central Abuse Registry. The final version establishes a unified annual fee of $125 for individuals required to register under both registries, simplifying compliance and preventing double payment. It also adds specific requirements for courts to transmit victim information to the registry within 72 hours of sentencing and clarifies the definition of 'sexually violent predator' to include those with mental abnormalities predisposing them to predatory acts.

Scope change

The bill's scope expanded by adding a new article establishing a Central Abuse Registry for child abuse, neglect, and misappropriation of property cases, which is now linked to the existing Sex Offender Registration Act through a shared fee structure and reporting requirements.

SCOPE

Added a new Central Abuse Registry (Article 2C) to track convictions involving child abuse, neglect, and misappropriation of property by caregivers.

FISCAL

Established a single $125 annual fee that satisfies registration requirements for both the Central Abuse Registry and the Sex Offender Registry, eliminating the need for separate payments.

REQUIREMENT

Mandated that courts transmit victim information (sex, age, relationship) to the registry within 72 hours of sentencing or commitment.

DEFINITION

Added specific definitions for 'sexually violent predator,' 'mental abnormality,' and 'predatory act' to clarify who must register and why.

ENFORCEMENT

Clarified that failure to pay the annual fee does not violate supervised release conditions but allows the state to record a judgment lien after 30 days of non-payment.

Introduced Version → Engrossed Committee Substitute · 4 edits · Mar 14, 2026

MODERATE

The bill was amended to add two new categories of crimes requiring sex offender registration: nonconsensual disclosure of private intimate images (§61-8-28a) and crimes under §61-8-32. Additionally, the registration fee was increased from an unspecified amount to $125 annually, and the text was cleaned up to remove website navigation artifacts and streamline the bill's introductory language.

Scope change

The scope of the registration requirement was expanded to include individuals convicted of nonconsensual disclosure of private intimate images and specific crimes under §61-8-32.

SCOPE

Added registration requirements for individuals convicted of nonconsensual disclosure of private intimate images under §61-8-28a.

Added registration requirements for individuals convicted of crimes contained within §61-8-32.

REQUIREMENT

Increased the annual registration fee to $125 and clarified the process for payment and lien enforcement.

TECHNICAL

Removed website navigation links, headers, and formatting artifacts from the text.

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