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WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
ENROLLED
Committee Substitute
for
House Bill 4138
BY DELEGATES AKERS AND PINSON
[Passed March 14, 2026; in effect 90 days from
passage (June 12, 2026)]
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1 AN ACT to amend and reenact §15-2C-2 of the Code of West Virginia, 1931, as amended, relating
2 to the Central Abuse Registry; payment of fees; clarifying that a person required to register
3 pursuant to this article and §15-12-2 of this code shall only pay one annual fee which shall
4 satisfy the registration requirements and payment obligation under both articles; and
5 outlining obligations of the West Virginia State Police for the Central Abuse Registry in
6 relation to these fees; and to amend and reenact §15-12-2 of the Code of West Virginia,
7 1931, as amended, providing that any person convicted of a crime pursuant to §61-8B-1
8 et seq. shall be required to register pursuant to this article, including the current provisions
9 relating to the crimes of sexual extortion and aggravated sexual extortion contained within
10 §61-8B-6 of this code, shall be required to be registered pursuant to this article, and also
11 relating to clarifying that a person convicted of the former §61-8B-6 of this code, relating
12 to the offense of sexual assault of a spouse, which was repealed by an act of the
13 Legislature during the 2000 legislative session, shall be required to continue to be
14 registered pursuant to this article; also relating to requiring that a person convicted of a
15 crime pursuant to §61-8-28a of this code, relating to nonconsensual disclosure of private
16 intimate images, shall be required to be registered pursuant to this article; and also related
17 to clarifying that a person convicted of any crime contained within §61-8-32 of this code,
18 shall be required to be registered pursuant to this article; and also relating to the Sex
19 Offender Registration Act; payment of fees; clarifying that a person required to register
20 pursuant to this article and §15- 2C-2 of this code shall only pay one annual fee which
21 shall satisfy the registration requirements and payment obligation under both articles; and
22 outlining obligations of the West Virginia State Police for the Sex Offender Registry in
23 relation to these fees.
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Be it enacted by the Legislature of West Virginia:
ARTICLE 2C. CENTRAL ABUSE REGISTRY.
§15-2C-2. Central Abuse Registry; required information; procedures; fees and use thereof.
1 (a) The Criminal Identification Bureau of the West Virginia State Police shall establish a
2 Central Abuse Registry, to contain information relating to criminal convictions involving child
3 abuse or neglect, abuse or neglect of an incapacitated adult or an adult receiving behavioral
4 health services and misappropriation of property by individuals specified in subsection (b) of this
5 section and information relating to individuals required to be registered as a sex offender.
6 (b) The Central Abuse Registry shall contain, at a minimum, information relating to:
7 Convictions of a misdemeanor or a felony involving abuse, neglect or misappropriation of
8 property, by an individual performing services for compensation, within the scope of the
9 individual's employment or contract to provide services, in a residential care facility, in a licensed
10 day care center in connection with providing behavioral health services, or in connection with the
11 provision of home care services; information relating to individuals convicted of specific offenses
12 enumerated in §15-2C-3 (a) of this code with respect to a child or an incapacitated adult or an
13 adult receiving behavioral health services; information relating to all individuals required to register
14 with the Child Abuse and Neglect Registry established pursuant to §15-13-1 et seq. of this code;
15 and information relating to all individuals required to register with the West Virginia State Police
16 as sex offenders pursuant to the provisions of §15-12-1 et seq. of this code. The Central Abuse
17 Registry shall contain the following information:
18 (1) The individual's full name;
19 (2) Sufficient information to identify the individual, including date of birth, social security
20 number and fingerprints if available;
21 (3) Identification of the criminal offense constituting abuse, neglect or misappropriation of
22 property of a child or an incapacitated adult or an adult receiving behavioral health services;
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23 (4) For cases involving abuse, neglect or misappropriation of property of a child or an
24 incapacitated adult or an adult receiving behavioral health services in a residential care facility or
25 a day care center, or of a child or an incapacitated adult or an adult receiving behavioral health
26 services receiving home care services, sufficient information to identify the location where the
27 documentation of any investigation by the Department of Human Services is on file and the
28 location of pertinent court files; and
29 (5) Any statement by the individual disputing the conviction, if he or she chooses to make
30 and file one.
31 (c) Upon conviction in the criminal courts of this state of a misdemeanor or a felony offense
32 constituting child abuse or neglect or abuse or neglect of an incapacitated adult or an adult
33 receiving behavioral health services, the individual so convicted shall be placed on the Central
34 Abuse Registry.
35 (d) A person required to be placed on the Central Abuse Registry pursuant to this section
36 shall pay an annual fee of $125, to be paid between January 1 and June 30 of each year. The
37 annual fee shall be paid to the State Police. The State Police shall provide the registrant with a
38 written receipt of each payment made by the registrant towards this annual fee. Once the annual
39 fee is paid in full, the State Police will provide the registrant with a receipt that specifically provides
40 that the annual fee contemplated in this article has been satisfied. The West Virginia State Police
41 shall compile and maintain a record of any payment made by a registrant to which the State Police
42 shall have access.
43 (e) The State Police shall remit the entirety of a payment of the annual fee, made pursuant
44 to this section, to the state treasurer who shall deposit these funds into the State Treasury and
45 credit said funds to the account of the State Police. The State Police is hereby authorized to
46 utilize the funds collected from these annual fees, first to enhance mental health services for
47 current and former employees of the West Virginia State Police, including but not limited to hiring,
48 or contracting, mental health professionals, conducting periodic educational seminars, meetings,
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49 trainings or conferences addressing mental health issues that affect persons that are, or have
50 been, employed as law enforcement, and then for any other use essential to the general
51 operations of the State Police: Provided, That failure to pay the annual fee, or provide proof of
52 payment of the annual fee, pursuant to this subsection may not be considered a violation of the
53 person’s supervised release: Provided, however, That a person required to register pursuant to
54 both this article and §15-12-2 of this code shall pay only one such annual fee of $125, which fee
55 shall satisfy the registration requirements and payment obligations under both articles: Provided
56 further, That written notice by the State Police served upon the registrant, by certified mail at the
57 last address provided by the registrant, stating that that the annual fee has not been paid, may be
58 recorded 30 days after the notice was received by the registrant in the office of the county clerk
59 where the person required to register resides. This notice shall have the effect of a judgment and
60 shall be recorded and indexed by the county clerk in the judgment lien docket. This judgment lien
61 will be released by the State Police within 30 days upon full and complete payment by the
62 registrant. The State Police shall provide written verification of the release of the lien to the
63 registrant at the last address provided by the registrant.
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
§15-12-2. Registration; fees and use thereof.
1 (a) The provisions of this article apply both retroactively and prospectively.
2 (b) Any person who has been convicted of an offense or an attempted offense or has been
3 found not guilty by reason of mental illness, mental retardation, or addiction of an offense under
4 any of the following provisions of this code or under a statutory provision of another state, the
5 United States Code or the Uniform Code of Military Justice which requires proof of the same
6 essential elements shall register as set forth in §15-12-2(d) of this code and according to the
7 internal management rules promulgated by the superintendent under authority of §15-2-25 of this
8 code:
9 (1) §61-8A-1 et seq. of this code;
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10 (2) §61-8B-1 et seq. of this code;
11 (3) The provisions of former §61-8B-6 of this code, relating to the offense of sexual assault
12 of a spouse, which was repealed by an act of the Legislature during the 2000 legislative session;
13 (4) §61-8C-1 et seq. of this code;
14 (5) §61-8D-5 and §61-8D-6 of this code;
15 (6) §61-2-14(a) of this code;
16 (7) §61-8-6, §61-8-7, §61-8-12, §61-8-13, §61-8-28a, and §61-8-32 of this code;
17 (8) §61-3C-14b of this code, as it relates to violations of those provisions of chapter 61
18 listed in this subsection; or
19 (9) §61-14-2, §61-14-5, and §61-14-6 of this code: Provided, That as to §61-14-2 of this
20 code only those violations involving human trafficking for purposes of sexual servitude require
21 registration pursuant to this subdivision.
22 (c) Any person who has been convicted of a criminal offense where the sentencing judge
23 made a written finding that the offense was sexually motivated shall also register as set forth in
24 this article.
25 (d) A person required to register under the provisions of this article shall register in person
26 at the West Virginia State Police detachment responsible for covering the county of his or her
27 residence, and in doing so, provide or cooperate in providing, at a minimum, the following when
28 registering:
29 (1) The full name of the registrant, including any aliases, nicknames, or other names used
30 by the registrant;
31 (2) The address where the registrant intends to reside or resides at the time of registration,
32 the address of any habitable real property owned or leased by the registrant that he or she
33 regularly visits: Provided, That a post office box may not be provided in lieu of a physical
34 residential address, the name and address of the registrant’s employer or place of occupation at
35 the time of registration, the names and addresses of any anticipated future employers or places
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36 of occupation, the name and address of any school or training facility the registrant is attending
37 at the time of registration and the names and addresses of any schools or training facilities the
38 registrant expects to attend;
39 (3) The registrant’s Social Security number;
40 (4) A full-face photograph of the registrant at the time of registration;
41 (5) A brief description of the crime or crimes for which the registrant was convicted;
42 (6) The registrant’s fingerprints and palm prints;
43 (7) Information related to any motor vehicle, trailer, or motor home owned or regularly
44 operated by a registrant, including vehicle make, model, color, and license plate number:
45 Provided, That for the purposes of this article, the term "trailer" means travel trailer, fold-down
46 camping trailer, and house trailer as those terms are defined in §17A-1-1 of this code;
47 (8) Information relating to any Internet accounts the registrant has and the screen names,
48 user names, or aliases the registrant uses on the Internet;
49 (9) Information related to any telephone or electronic paging device numbers that the
50 registrant has or uses, including, but not limited to, residential, work, and mobile telephone
51 numbers;
52 (10) A photocopy of a valid driver’s license or government-issued identification card,
53 including a tribal identification card;
54 (11) A photocopy of any passport and immigration documents;
55 (12) A photocopy of any professional licensing information that authorizes the registrant
56 to engage in an occupation or carry out a trade or business; and
57 (13) Any identifying information, including make, model, serial number, and photograph,
58 regarding any unmanned aerial vehicle owned or operated by a registrant.
59 (e) (1) On the date that any person convicted or found not guilty by reason of mental
60 illness, mental retardation, or addiction of any of the crimes listed in §15-12-2(b) of this code,
61 hereinafter referred to as a "qualifying offense", including those persons who are continuing under
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62 some post-conviction supervisory status, are released, granted probation or a suspended
63 sentence, released on parole, probation, home detention, work release, conditional release or
64 any other release from confinement, the Commissioner of Corrections, regional jail administrator,
65 city official, or sheriff operating a jail or Secretary of the Department of Health Facilities who
66 releases the person and any parole or probation officer who releases the person or supervises
67 the person following the release shall obtain all information required by §15-12-2(d) of this code
68 prior to the release of the person, inform the person of his or her duty to register, and send written
69 notice of the release of the person to the State Police within three business days of receiving the
70 information. The notice must include the information required by §15-12-2(d) of this code. Any
71 person having a duty to register for a qualifying offense shall register upon conviction, unless that
72 person is confined or incarcerated, in which case he or she shall register within three business
73 days of release, transfer, or other change in disposition status. Any person currently registered
74 who is incarcerated for any offense shall re-register within three business days of his or her
75 release.
76 (2) Notwithstanding any provision of this article to the contrary, a court of this state shall,
77 upon presiding over a criminal matter resulting in conviction or a finding of not guilty by reason of
78 mental illness, mental retardation, or addiction of a qualifying offense, cause, within 72 hours of
79 entry of the commitment or sentencing order, the transmittal to the sex offender registry for
80 inclusion in the registry all information required for registration by a registrant as well as the
81 following nonidentifying information regarding the victim or victims:
82 (A) His or her sex;
83 (B) His or her age at the time of the offense; and
84 (C) The relationship between the victim and the perpetrator.
85 The provisions of this subdivision do not relieve a person required to register pursuant to
86 this section from complying with any provision of this article.
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87 (f) For any person determined to be a sexually violent predator, the notice required by
88 §15-12-2(d) of this code must also include:
89 (1) Identifying factors, including physical characteristics;
90 (2) History of the offense; and
91 (3) Documentation of any treatment received for the mental abnormality or personality
92 disorder.
93 (g) At the time the person is convicted or found not guilty by reason of mental illness,
94 mental retardation, or addiction in a court of this state of the crimes set forth in §15-12-2(b) of this
95 code, the person shall sign in open court a statement acknowledging that he or she understands
96 the requirements imposed by this article. The court shall inform the person so convicted of the
97 requirements to register imposed by this article and shall further satisfy itself by interrogation of
98 the defendant or his or her counsel that the defendant has received notice of the provisions of
99 this article and that the defendant understands the provisions. The statement, when signed and
100 witnessed, constitutes prima facie evidence that the person had knowledge of the requirements
101 of this article. Upon completion of the statement, the court shall provide a copy to the registry.
102 Persons who have not signed a statement under the provisions of this subsection and who are
103 subject to the registration requirements of this article must be informed of the requirement by the
104 State Police whenever the State Police obtain information that the person is subject to registration
105 requirements.
106 (h) The State Police shall maintain a central registry of all persons who register under this
107 article and shall release information only as provided in this article. The information required to
108 be made public by the State Police by §15-12-5(b)(2) of this code is to be accessible through the
109 Internet. Information relating to telephone or electronic paging device numbers a registrant has
110 or uses may not be released through the Internet.
111 (i) For the purpose of this article, "sexually violent offense" means:
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112 (1) Sexual assault in the first degree as set forth in §61-8B-3 of this code, or of a similar
113 provision in another state, federal, or military jurisdiction;
114 (2) Sexual assault in the second degree as set forth §61-8B-4 of this code, or of a similar
115 provision in another state, federal, or military jurisdiction;
116 (3) Sexual assault of a spouse as set forth in the former provisions of §61-8B-6 of this
117 code, which was repealed by an act of the Legislature during the 2000 legislative session, or of a
118 similar provision in another state, federal, or military jurisdiction;
119 (4) Sexual abuse in the first degree as set forth in §61-8B-7 of this code, or of a similar
120 provision in another state, federal, or military jurisdiction;
121 (j) For purposes of this article, the term "sexually motivated" means that one of the
122 purposes for which a person committed the crime was for any person’s sexual gratification.
123 (k) For purposes of this article, the term "sexually violent predator" means a person who
124 has been convicted or found not guilty by reason of mental illness, mental retardation, or addiction
125 of a sexually violent offense and who suffers from a mental abnormality or personality disorder
126 that makes the person likely to engage in predatory sexually violent offenses.
127 (l) For purposes of this article, the term "mental abnormality" means a congenital or
128 acquired condition of a person that affects the emotional or volitional capacity of the person in a
129 manner that predisposes that person to the commission of criminal sexual acts to a degree that
130 makes the person a menace to the health and safety of other persons.
131 (m) For purposes of this article, the term "predatory act" means an act directed at a
132 stranger or at a person with whom a relationship has been established or promoted for the primary
133 purpose of victimization.
134 (n) For the purposes of this article, the term "business days" means days exclusive of
135 Saturdays, Sundays, and legal holidays as defined in §2-2-1 of this code.
136 (o) A person required to register pursuant to this article shall pay an annual fee of $125,
137 to be paid between January 1 and June 30 of each year. The annual fee shall be paid to the State
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138 Police. The State Police shall provide the registrant with a written receipt of each payment made
139 by the registrant towards this annual fee. Once the annual fee is paid in full, the State Police will
140 provide the registrant with a receipt that specifically provides that the annual fee contemplated in
141 this article has been satisfied. The State Police shall compile and maintain a record of any
142 payment made by a registrant.
143 (p) The State Police shall remit the entirety of a payment of the annual fee, made pursuant
144 to this section, to the state treasurer who shall deposit these funds into the State Treasury and
145 credit said funds to the account of the State Police. The State Police is hereby authorized to utilize
146 the funds collected from these annual fees, first to enhance mental health services for current and
147 former employees of the West Virginia State Police, including but not limited to hiring, or
148 contracting, mental health professionals, conducting periodic educational seminars, meetings,
149 trainings, or conferences addressing mental health issues that affect persons that are, or have
150 been, employed as law enforcement, and then for any other use essential to the general
151 operations of the State Police: Provided, That failure to pay the annual fee, or provide proof of
152 payment of the annual fee, pursuant to this subsection may not be considered a violation of the
153 person’s supervised release: Provided, however, That a person required to register pursuant to
154 both this article and §15-2C-2 of this code shall pay only one such annual fee of $125, which fee
155 shall satisfy the registration requirements and payment obligations under both articles: Provided
156 further, That written notice by the State Police served upon the registrant, by certified mail at the
157 last address provided by the registrant, stating that the annual fee has not been paid, may be
158 recorded 30 days after the notice was received by the registrant in the office of the county clerk
159 where the person required to register resides. This notice shall have the effect of a judgment and
160 shall be recorded and indexed by the county clerk in the judgment lien docket. This judgment lien
161 will be released by the State Police within 30 days upon full and complete payment by the
162 registrant. The State Police shall provide written verification of the release of the lien to the
163 registrant at the last address provided by the registrant.
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The Clerk of the House of Delegates and the Clerk of the Senate hereby
certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate
Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates
...............................................................
President of the Senate
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor
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