Introduced Version « Senate Bill 136 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 136

(By Senators Sypolt and Love)

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[Introduced January 9, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to deleting the provision of law that makes it unlawful for any person to bring a weapon on State Capitol property.

Be it enacted by the Legislature of West Virginia:
 That §61-6-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
 ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-19. Willful disruption of governmental processes; offenses occurring at State Capitol complex; penalties.

(a) If any No person may willfully interrupts or molests interrupt or molest the orderly and peaceful process of any department, division, agency or branch of state government or of its political subdivisions: he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned Provided, That any assembly in a peaceable, lawful and orderly manner for a redress of grievances shall not be a violation of this section subsection. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars, confined in jail for not more than six months, or both.
(b) It is unlawful for any person to bring upon the State Capitol complex any weapon as defined by the provisions of section two, article seven of this chapter. It is unlawful for any No person to may willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork or adornment in the State Capitol complex. It is unlawful for any
(c) No person or persons to other than a law-enforcement officer or law-enforcement official acting in his or her official capacity may willfully block or otherwise willfully obstruct any public access, stair or elevator in the State Capitol complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided, That in order to preserve the Constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd, if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: Provided, however, That this subsection shall not apply to a law-enforcement officer acting in his or her official capacity.
(d) Any person who violates any provision of this subsection section for which another penalty is not provided is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars, or confined in the county or regional jail for not more than six months, or both.

NOTE: The purpose of this bill is to delete the provision of law that makes it unlawful for any person to bring a weapon on State Capitol property.

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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