H. B. 2382
(By Delegates Swartzmiller, Manypenny and Shaver)
[Introduced January 12, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-30, relating to requiring witnesses of violent acts or emergency situations to report the incident to law-enforcement authorities.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-5-30, to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-30. Reporting of violent acts and emergency situations; penalties.
(a) When any person sees, witnesses or otherwise is aware of an act of violence against another person or a situation that constitutes an emergency, that person shall immediately notify, or otherwise inform, the local police, the county sheriff or State Police in a way that will permit that law-enforcement authority to respond in a timely manner. However, the notification may be made anonymously.
(b) Any person who, in good faith, reports any act required by this section is immune from civil or criminal liability that might otherwise result by reason of such actions.
(c) When any person required by this section to report an act of violence against another person or a situation that constitutes an emergency knowingly fails to report an incident that results in the death of an innocent individual, that person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ten days or fined not more than $500, or both.
NOTE: The purpose of this bill is to require witnesses of violet acts against persons and emergency situations to report the incidents to the appropriate law-enforcement authorities.
This section is new; therefore, it has been completely underscored.