http://news-register.net/news/story/...04_new1sex.asp
Sex Offender Plates Suggested
By TOM DIANA
If Delegate Randy Swartz-miller, D-Hancock, gets his way, convicted sex offenders who drive would be easily identified by members of their community.
Swartzmiller has drafted legislation he intends to introduce when the state legislature convenes later this month.
Swartzmiller said the measure will help potential victims of sexual predators by requiring convicted sex offenders to have special license plates and driver's licenses.
Under Swartzmiller`s drafted legislation, sex offenders would be required by state law to obtain a license plate that would be "bold in nature to denote the owner as a convicted sex offender and would easily identify the vehicle as being operated by an offender."
"If you're a sex offender and you're going to drive a car, you have to drive a car that has that distinct plate on it," Swartzmiller said.
Swartzmiller said his proposed legislation would make it illegal for a convicted sex offender to drive a car without the special plate. A friend or family member of the sex offender would be allowed to drive the car of that sex offender.
"If someone else in the family wants to drive the car, they're certainly welcome to," Swartz-miller said.
The inspiration for Swartz-miller's idea came from the state located adjacent to his Northern Panhandle legislative district.
"I got the idea from Ohio," Swartzmiller said. "Ohio has a DUI plate."
Swartzmiller contends that since neighbors are notified of when a sex offender moves in, those who live outside that sex offender's neighborhood should also have an opportunity to know of that person's criminal history.
"Once they leave that neighborhood, who knows where they are?" he said.
Swartzmiller's proposed legislation would also require a convicted sex offender's drivers license to be coded visually and marked in a way that scanner technology can pick up the information about the person's offender status.
He said the visual and coding information on the license would assist law enforcement officers "in the rapid identification of an offender if they would try to operate a vehicle without the required license plate."
The proposed legislation was prompted by what Swartzmiller views as a growing problem from sex offenses, especially those committed by repeat offenders.
"It's getting out of control," he said. "You're hearing more and more about it. It seems like it's the repeat offenders who are doing it."
After the proposed legislation is introduced, Swartzmiller said more details about how to design and implement the plate and license requirements would be worked out in the sate House Judiciary Committee.
He pointed out refinements would be made to it from testimony presented during hearings on the bill as well as from amendments offered by other house and senate members as it goes through the legislative process.
Ohio County Prosecutor Scott Smith said he is in favor of measures that would increase the awareness and safety of citizens from potential dangers from convicted sex offenders.
"I am all in favor of taking steps to notify the community of sex offenders present in their community," Smith said.
Smith said that currently sex offenders must be placed on a sex offender registry for 10 years after they are either released from jail or placed on parole or probation.
Those on this list must register with the nearest state police office and provide information about their name, address and where they work.
Sex offenders on the sex offenders registry, Scott said, must also report changes to the state police whenever any information they provided, such as their address or place of employment, changes.
Anyone on the sex offender registry can be viewed on the West Virginia State Police Web site, which is
www.wvstatepolice.com.
When state police list a person on the sex offender registry, Scott said other parties in the community are notified of the offender's status such as the school superintendent, local law enforcement, the FBI and children's services.
Smith also said law enforcement notifies residents of neighborhoods where people convicted of violent sexual offenses are living.
As for how long a convicted sex offender would have to have the special license and plates, Swartzmiller said it would likely be for as long as they would be required to remain on the sex offender registry.
Smith noted it would be important to write the bill in a way that does not violate any constitutional rights of offenders.
"I think you would have to be careful how you craft the plan so that it is constitutionally sound," he said.
For Smith, though, he said his biggest concern was in protecting the safety of the community.
I'm more concerned about the residents of that community," Smith said.
"These people have been convicted. Their record is a pubic record."
W.Virginia proposes sex offender plates?
