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Introduced Version Senate Bill 57 History

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sb57 intr
Senate Bill No. 57

(By Senator Minard)

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[Introduced February 9, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-15b, relating to violence against public employees.

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 §61-2-15b, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-15b. Assault, battery on public employees; penalties.

(a) Any person who commits an assault, as defined in subsection (b), section nine of this article, against a public employee in an employment position not protected by the provisions of section ten-b, fifteen or fifteen-a of this article while the employee is acting within the scope of his or her public employment is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars and imprisoned in jail not less than twenty-four hours nor more than six months.
(b) Any person who commits a battery, as defined in subsection (c), section nine of this article, against a public employee in an employment position not protected by the provisions of section ten-b, fifteen or fifteen-a of this article while the employee is acting within the scope of his or her public employment is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned in jail not less than twenty-four hours nor more than twelve months.
(c) For purposes of this section, "public employee" means any person employed by the State of West Virginia or any political subdivision of the State.

NOTE: The purpose of this bill is to provide a law that addresses violence against public employees.

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