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Introduced Version House Bill 3252 History

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H. B. 3252

(By Delegate Brown)
[Introduced March 25, 2005; 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 §61-8D-10, relating to false reports of child abuse generally; providing for civil liability; providing a criminal offense for falsely reporting child abuse; and requiring community service for persons convicted of violations.

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 §61-8D-10, to read as follows:

§61-8D-10. False reporting of child abuse.

Any person who intentionally and knowingly makes a false report of sexual or physical abuse of a child to any law-enforcement agency or to any child protective services in this state is guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to no less than forty hours of community service.
In addition to the criminal penalty provided herein, the person convicted is also liable to the person falsely accused of child abuse for the reasonable attorney fees, court costs and lost income he or she incurred as a result of the false charge of child abuse.

NOTE: The purpose of this bill is to provide for civil liability of a person falsely accusing another of child abuse. The bill also establishes the criminal offense of falsely reporting child abuse and it provides for sentencing a person convicted of a violation to community service.

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

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