H. B. 4660


(By Delegates Mezzatesta, Spencer, Kiss,
Nichols, Michael and Collins)

[Introduced March 2, 1994; referred to the
Committee on the Judiciary.]



A BILL to amend article eight-e, 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 four, relating to the distribution, sale or rental of any video which is not open- or closed-captioned for deaf and hard-of-hearing and the criminal penalties attached.

Be it enacted by the Legislature of West Virginia:

That article eight-e, 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 four, to read as follows:
ARTICLE 8E. MOVIE VIDEO CASSETTES.

§ 61-8E-4. Video caption access; penalties.

This section applies to videos which are commercially produced for rental or retail sales markets; and are released on or after the first day of October, one thousand nine hundred ninety-five, if more than twenty-five hundred copies are produced in the release or rerelease. After the first of October, one thousand nine hundred ninety-five, a person may not distribute, sell, rent, or attempt to distribute, sell, or rent such a video unless the video is open- or closed-captioned for deaf and hard-of-hearing individuals. Any person who violates this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars for each violation.




NOTE: The purpose of this section is to prohibit any person from distributing, selling, or renting, or attempting to distribute, sell or rent any video unless it is open- or closed-captioned for deaf or hard-of-hearing, and making a violation of this section a misdemeanor.

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