COMMITTEE SUBSTITUTE

FOR

H. B. 2268

(By Delegates Dempsey and Preece)


(Originating in the House Committee on the Judiciary)


[March 30, 1993]


A BILL to amend article two, 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 fifteen-a, relating to assault or battery against an athletic official; and providing criminal penalties therefor.

Be it enacted by the Legislature of West Virginia:
That article two, 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 fifteen-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-15a. Assault, battery on athletic officials; penalties.

(a) If any person commits a simple assault as defined in subsection (d), section nine, article two, chapter sixty-one of this code, to the person of an athletic official during the time the official is acting as an athletic official or within one hour of the conclusion of the athletic event, the offender is guiltyof a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars, and imprisoned in the county jail not less than twenty-four hours nor more than thirty days.
(b) If any person commits a battery, as defined in subsection (a), section nine, article two, chapter sixty-one of this code, against an athletic official or by unlawfully and intentionally causing physical harm to an athletic official during the time the official is acting as an athletic official or within one hour of the conclusion of the athletic event, the offender 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 the county jail not less than twenty-hours nor more than thirty days.
(c) For the purpose of this section "athletic official" means a person at a sports event who enforces the rules of that event, such as an umpire or referee, or a person who supervises the participants, such as a coach.