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Introduced Version House Bill 3110 History

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


H. B. 3110


(By Delegates Manuel and C. White)

[Introduced March 30, 2001; referred to the

Committee on the Judiciary.]





A BILL to amend article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-b, relating to providing for the criminal offense of making a credible threat involving the use of explosive devices or dangerous weapons against a person on school premises; providing penalties for offenders and enhanced penalties for repeat offenders; and providing that the administration of the school or the county school board are considered victims as well as the person threatened, thereby authorizing the school administration or county school board to sign a criminal complaint upon which a criminal warrant may issue as a complainant against a person alleged to have made the threat.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eleven-b, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.

§61-7-11b. Making credible threats involving deadly force against persons on school property; authorizing school administration or county school board to prosecute case; criminal penalties.

(a) It is unlawful for any person while on the premises of any school property in this state to make any credible threat to use explosive devices or other deadly force with a deadly weapon upon the person of any other individual or individuals. For the purposes of this section, prima facie evidence of a credible threat includes the presentation or exhibition of any bomb, firearm or other deadly weapon, or the presentation of any facsimile or imitation of a bomb, firearm or other deadly weapon in conjunction with a threat of violence by words or gestures. Any person violating this section is guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than ten thousand dollars, or shall be confined in a correctional facility not less than five years nor more than ten years, or both fined and confined. In the event any person commits a repeat violation of this section, he or she is guilty of a felony and, upon conviction thereof of for a second or subsequent offense, shall be fined not less than ten thousand dollars nor more than twenty thousand dollars, and shall be confined in a correctional facility not less than ten years.

(b) For purposes of initiating a prosecution of a person under the provisions of this section the principal, vice principal, or administrative officer over the school premises upon which a violation of this section occurred or the county school board wherein the school premises is located shall be considered a victim in addition to the person or persons actually threatened, and as such, shall have standing to initiate a criminal complaint upon which a criminal warrant may issue.





NOTE: The purpose of this bill is to provide for the criminal offense of making a credible threat of use of force against a person by means of a bomb or other deadly weapon or device. The bill provides that school administrators may initiate prosecutions against violators and further provides enhanced penalties for repeat offenders.

This section is new; therefore, strike-throughs and underscoring have been omitted.















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