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Engrossed Version Senate Bill 457 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 457

(By Senators D. Facemire, Foster and Kessler)

____________

[Originating in the Committee on the Judiciary;

reported February 26, 2010.]

____________



A BILL to repeal §61-1-6 of the Code of West Virginia, 1931, as amended; to repeal §61-2-17, §61-2-18, §61-2-19, §61-2-20, §61-2-21, §61-2-22, §61-2-23, §61-2-24 and §61-2-25 of said code; to repeal §61-6-16 of said code; to repeal §61-8-3, §61- 8-4 and §61-8-15 of said code; to repeal §61-10-18, §61-10-25, §61-10-26, §61-10-27, §61-10-28 and §61-10-29 of said code; and to amend and reenact §61-1-7 of said code, repealing outmoded criminal sections of the code relating generally to the display of a red or black flag and the accompanying penalty; keeping doors of vehicles for hire locked while in motion; dueling; wearing hats in theaters; adultery and lewd cohabitation; conducting bucket shops; public swearing and drunkenness; engaging in certain work, labor or business activities on Sunday; and clarifying the penalty provision for unlawful speeches, publications and communications.

Be it enacted by the Legislature of West Virginia:
That §61-1-6 of the Code of West Virginia, 1931, as amended be repealed; that §61-2-17, §61-2-18, §61-2-19, §61-2-20, §61-2-21, §61-2-22, §61-2-23, §61-2-24 and §61-2-25 of said code be repealed; that §61-6-16 of said code be repealed; that §61-8-3, §61-8-4 and §61-8-15 of said code be repealed; that §61-10-18, §61-10-25, §61- 10-26, §61-10-27, §61-10-28 and §61-10-29 be repealed; and that §61-1-7 of said code be amended and reenacted to read as follows:
ARTICLE 1. CRIMES AGAINST THE GOVERNMENT.
§61-1-7. Penalty for unlawful speeches, publications and communications.

Any person violating any of the provisions of sections five and six of this article, shall, for the first offense, be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than five hundred dollars $500, or, in the discretion of the court, be imprisoned in the county jail not exceeding twelve months, or both; and, for the second offense, shall be guilty of a felony, and, upon conviction shall be confined in the penitentiary a state correctional facility not less than one nor more than five years.
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