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.