H. B. 2637


(By Delegate Fragale)
[Introduced March 19, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section seventeen, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to making it a crime to knowingly give false information to a county or municipal officer.

Be it enacted by the Legislature of West Virginia:

That section seventeen, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§ 61 - 5 - 17. Obstructing officer; giving false information; penalty.

Any person who by threats, menaces, acts or otherwise, shall forcibly or illegally hinder, obstruct, or oppose, or attempt to obstruct or oppose, or shall counsel, advise or invite others to hinder, obstruct or oppose intentionally causes or attempts to cause, any officer in this state (whether including state, county, municipal, civil or and/or military personnel) to be menaced, hindered, obstructed or opposed in any way in the lawful exercise or discharge of his such officer's official duty, shall, for every such offense, be or who knowingly gives false or misleading information to any such officer is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned not exceeding one year.




NOTE: The purpose of this bill is to improve the wording of §61-5-17 and to expand the offense of giving false information to a state police officer (§15-2-16) to include county and municipal officers as well.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.