COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 457
(By Senators D. Facemire, Foster and Kessler)
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[Originating in the Committee on the Judiciary;
reported February 26, 2010.]
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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, 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; and engaging in certain work,
labor or business activities on Sunday.
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repealed; that §61-2-17, §61-2-18, §61-2-19, §61-2-20, §61-2-21,
§61-2-22, §61-2-23, §61-2-24 and §61-2-25 of said code be repealed; that §61-6-16 of said code be repealed; that §61-8-3, §61-8-4 and
§61-8-15 of said code be repealed; that §61-10-18, §61-10-25, §61-
10-26, §61-10-27, §61-10-28 and §61-10-29 be repealed; and that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:
§61-1-7. Penalty for violations of §§61-1-5 and 61-1-6.
Any person violating any of the provisions of section
s 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 not less than one nor more than five years.
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(NOTE:
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new
language that would be added.
)
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