COMMITTEE SUBSTITUTE
FOR
H. B. 4070
(By Delegates Perry, Pino, Beach,
Williams, Stemple and Hrutkay)
(Originating in the Committee on the Judiciary)
[February 19, 2002]
A BILL to amend and reenact section nineteen, article four-c,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section four, article three-a, chapter twenty-nine of said
code, all relating to creating a misdemeanor criminal offense
for the failure to obey directions of firefighters or any
emergency medical service agency personnel directing or
controlling traffic while engaged in official business; and
providing criminal penalties for violations.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article four-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section four, article
three-a, chapter twenty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-19. Obstructing or causing bodily injury to emergency
medical service personnel; criminal penalties.
(a) It shall be is unlawful for any person to intentionally
obstruct or interfere with any emergency medical service agency
personnel engaged in the act of delivering or administering
emergency medical services. Any person violating the provisions of
this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one thousand dollars or
confined in the county or regional jail for a period not more than
one year, or both fined and confined imprisoned.
(b) It shall be is unlawful for any person to willfully cause
bodily injury to any person designated to be an emergency medical
personnel engaged in the act of delivering or administering
emergency medical services. Any person violating the provisions of
this subsection is guilty of a felony and, upon conviction thereof,
shall be confined in the penitentiary a state correctional facility
not less than one nor more than ten years or fined not more than
five thousand dollars, or both fined and confined imprisoned.
(c) Nothing in this section shall may be construed to prevent law-enforcement officials from controlling traffic and otherwise
maintaining order at the scene of an accident, injury or illness
where an emergency medical service agency is rendering services.
(d) No person may willfully fail or refuse to comply with a
lawful order or direction of any emergency medical service agency
personnel engaged in the act of delivering or administering
emergency medical services, relating to directing, controlling or
regulating traffic, so long as such order or direction is conveyed
by a retro-reflective hand signing device. Any person violating
the provisions of this subsection is guilty of a misdemeanor and,
upon conviction thereof: (1) For a first offense shall be fined not
more than five hundred dollars or confined in the county or
regional jail for a period not more than ten days, or both fined
and imprisoned; (2) for a second offense shall be fined not more
than one thousand dollars or confined in the county or regional
jail for a period not less than ten days nor more than thirty days,
or both fined and imprisoned; and (3) for a third and subsequent
offense is fined not more than five thousand dollars or confined in
the county or regional jail for a period not less than six months
nor more than one year, or both fined and imprisoned.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-4. Person attacking or hindering or obstructing firefighter
or emergency equipment; penalties.
(a) It shall be is unlawful, while any fire department or
company or firefighter is lawfully exercising or discharging such
the department's, company's or firefighter's official duty during
an emergency, for any person to:
(1) Attack any firefighter or any of his or her equipment with
any deadly weapon as defined in section two, article seven, chapter
sixty-one of this code; or
(2) Intentionally hinder, obstruct, oppose, or attempt to
hinder, obstruct or oppose, or counsel, advise or invite others to
hinder, obstruct or oppose, any fire department, fire company or
firefighter.
(b) Any person violating the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be
imprisoned in the penitentiary a state correctional facility not
less than one nor more than ten years, or, in the discretion of the
court, be confined in the regional or county jail not more than one
year or fined not more than five hundred dollars, or both fined and
imprisoned.
(c) Any person willfully violating any of the provisions of section one or three of this article is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than five hundred dollars.
(d) Nothing in this article shall be construed to prevent
law-enforcement officials from controlling traffic and otherwise
maintaining order at the scene of a fire.
(e) No person may willfully fail or refuse to comply with a
lawful order or direction of any fire department or company or
firefighter who is lawfully exercising or discharging the
department's, company's or firefighter's official duty during an
emergency, relating to directing, controlling or regulating
traffic, so long as such order or direction is conveyed by a retro-
reflective hand signing device. Any person violating the
provisions of this subsection is guilty of a misdemeanor and, upon
conviction thereof: (1) For a first offense is fined not more than
five hundred dollars or confined in the county or regional jail for
a period not more than ten days, or both fined and imprisoned; (2)
for a second offense is fined not more than one thousand dollars or
confined in the county or regional jail for a period not less than
ten days nor more than thirty days, or both fined and imprisoned;
and (3) for a third and subsequent offense is fined not more than five thousand dollars or confined in the county or regional jail
for a period not less than six months nor more than one year, or
both fined and imprisoned.
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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