This bill amends the Code of West Virginia by adding a new section, 15-12-3b, to the Sex Offender Registration Act. It allows individuals convicted of misdemeanor sexual abuse in the third degree to petition the original sentencing court for removal from the sex offender registry after fulfilling specific conditions. These conditions include completing all terms of their sentence, waiting at least 10 years post-release, and providing a risk assessment from a qualified mental health professional. The court may grant the petition if the individual has not been convicted of any further offenses and has successfully completed any required treatment programs.

Additionally, the bill mandates that before the court grants any petition for removal, it must notify the county prosecuting attorney, victim advocate, and the victim or their family, allowing them to be heard during the proceedings. The victim has the opportunity to address the court, either in person or through a written statement, regarding the impact of the offense and the necessity of maintaining the registration. The judge must consider these statements when making a decision, which can only be granted if it is deemed beneficial for the individual's rehabilitation and consistent with public welfare. If a petition is denied, the individual must wait another 10 years before filing again.

Statutes affected:
Introduced Version: 15-12-3b