H. B. 2794
(By Delegates Faircloth and Evans)
[Introduced March 31, 1993; referred to the
Committee on the Judiciary.]
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 two new sections, designated
sections fifteen-a and fifteen-b; and to amend article three
of said chapter by adding thereto a new section, designated
section thirty-a, all relating to making it a felony for
assaulting or battering a police officer or an elected or
appointed public official, and for destroying public
property.
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 two new sections, designated sections
fifteen-a and fifteen-b; and that article three of said chapter
be amended by adding thereto a new section, designated section
thirty-a, all to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-15a. Assault, battery on police officer; penalties.
(a) If any person commits an assault by unlawfully
attempting to commit a violent injury to the person of any police
officer or by unlawfully committing an act which places a police
officer in reasonable apprehension of immediately receiving a
violent injury, he or she is guilty of a felony, and, upon
conviction thereof, shall be imprisoned in the penitentiary not
less than one year nor more than five years and fined not less
than one thousand nor more than five thousand dollars.
(b) If any person commits a battery by unlawfully and
intentionally making physical contact of an insulting or
provoking nature with the person of any police officer or by
unlawfully and intentionally causing physical harm to any police
officer, he or she shall be guilty of a felony, and, upon
conviction, shall be imprisoned in the penitentiary not less than
one year nor more than five years and fined not less than one
thousand dollars nor more than five thousand dollars.
§61-2-15b. Assault, battery on an elected or appointed public
official; penalties.
(a) If any person commits an assault by unlawfully
attempting to commit a violent injury to the person of any
elected or appointed public official; or by unlawfully committing
an act which places such an official in reasonable apprehension
of immediately receiving a violent injury, he or she is guilty of
a felony, and, upon conviction thereof, shall be imprisoned in
the penitentiary not less than one year nor more than five yearsand fined not less than one thousand dollars nor more than five
thousand dollars.
(b) If any person commits a battery by unlawfully and
intentionally making physical contact of an insulting or
provoking nature with the person of any elected or appointed
public official or by unlawfully and intentionally causing
physical harm to any such official, he or she is guilty of a
felony, and, upon conviction, shall be imprisoned in the
penitentiary not less than one year nor more than five years and
fined not less than one thousand dollars nor more than five
thousand dollars.
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-30a. Stealing or destroying public property valued in
excess of two thousand five hundred dollars;
penalty.
Any person who steals or destroys any public property which
has a current value in excess of two thousand five hundred
dollars is guilty of a felony, and, upon conviction thereof,
shall be fined not less than two thousand five hundred dollars
nor more than twenty-five thousand dollars, or imprisoned in the
penitentiary not less than one year nor more than five years, or
both fined and imprisoned.
NOTE: The purpose of this bill is to make it a felony
offense to assault or batter a police officer, a legislator, or
to steal or destroy public property valued in excess of
$2,500.00.
§§61-2-15a and 15-b and §61-3-30a are new; therefore,
strike-throughs and underscoring have been omitted.