House Bill 2366 would create a new Domestic Violence Registry in West Virginia law and add a new article to the code governing registration, notification, and enforcement. The bill defines domestic violence offenses for registry purposes to include domestic battery, domestic assault, and strangulation involving an intimate partner or household member, and it applies to people convicted of those offenses, attempted offenses, or found not guilty by reason of mental illness, mental retardation, or addiction. It also reaches persons whose sentencing judge makes a written finding that an offense was domestic violence, and it applies both retroactively and prospectively.
The bill requires covered individuals to register in person with the State Police detachment in their county of residence and provide extensive identifying information, including address, employment, school, vehicle information, internet aliases, phone numbers, identification documents, professional licenses, and information about unmanned aerial vehicles. It also requires courts, correctional officials, probation and parole officers, and other custodial authorities to notify registrants of their duties and transmit registration information to the State Police. Registrants must update changes within 10 business days, re-register after incarceration, verify information annually in their birth month, and comply for 10 years after release or supervision ends. The State Police would maintain a central registry, make certain information available online and through public notification, and share information with law enforcement, schools, child protective services, the FBI, and domestic violence victim organizations.
The bill’s impact on state law would be significant because it creates a new regulatory scheme for domestic violence offenders, adds criminal penalties for failing to register or providing false information, and authorizes public dissemination of registry information while exempting it from the Freedom of Information Act except as otherwise provided. It also imposes duties on courts, jails, prisons, probation and parole officers, and the State Police, and it provides immunity for public officials acting under the article absent gross negligence or bad faith. In practical terms, it would expand post-conviction monitoring and public access to offender information for a category of offenses that is not currently subject to a standalone registry.
The general sentiment reflected in the bill text is strongly supportive of public safety and victim protection. The findings section states that there is a compelling public interest in giving the public information about domestic violence offenders so that people can protect themselves and their children, and it characterizes the registry as regulatory rather than punitive. No committee transcript or vote record was provided, so there is no recorded legislative debate or roll-call history to indicate broader support or opposition beyond the bill’s stated purpose.
The main points of contention likely concern privacy, due process, retroactive application, and the breadth of the information collected and disclosed. The bill expressly states that registrants have a reduced expectation of privacy and allows public notification, but it also limits release of victim identities and phone numbers. Potential concerns may also arise from the inclusion of people found not guilty by reason of mental illness or addiction, the 10-year registration period, the requirement to disclose extensive personal and digital information, and the criminal penalties for noncompliance or for assisting a registrant in evading authorities.
HB2366 would amend the West Virginia Code by adding a new article establishing a Domestic Violence Registry and a comprehensive registration-and-notification framework for people convicted of, or otherwise adjudicated for, qualifying domestic violence offenses. It would impose new duties on courts, correctional facilities, probation and parole officers, and the State Police; create public disclosure rules; exempt registry information from FOIA except as authorized; and establish misdemeanor and felony penalties for failure to register, false reporting, and related conduct. The bill would also expand the State Police’s recordkeeping and public-notification responsibilities and require coordination with other agencies and victim-service organizations.
The bill’s stated purpose and structure reflect a strong pro-public-safety and pro-victim-protection sentiment. Its findings emphasize protecting the public and children from domestic violence offenders, and the registry is described as a regulatory measure rather than additional punishment. Because no committee testimony or vote history was provided, there is no documented on-the-record opposition or support beyond the bill text itself, but the measure’s design suggests it is intended to be a tough-on-domestic-violence policy proposal.
Likely areas of contention include privacy and civil-liberties concerns over public posting of offender information, the retroactive application of the registry, and the breadth of data required, including internet identifiers, phone numbers, vehicle information, and immigration documents. Another possible concern is the inclusion of people found not guilty by reason of mental illness, mental retardation, or addiction, as well as the long registration period and criminal penalties for noncompliance. Supporters would likely emphasize public safety, while critics may argue the registry is overly broad, burdensome, and potentially punitive despite the bill’s regulatory framing.