H. B. 2410

(By Delegates Haskins, Rowe and Yeager)
[Introduced February 8, 1995; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section one-b, article six, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to expanding the meaning of a public place where an individual can be charged with disorderly conduct.

Be it enacted by the Legislature of West Virginia:
That section one-b, article six, 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:


§61-6-1b. Disorderly conduct; penalty.

(a) Any person who, in a public place, a mobile home park, a public parking area, a common area of an apartment building or dormitory, or a common area of a privately owned commercial shopping center, mall or other group of commercial retail establishments, disturbs the peace of others by violent, profane, indecent or boisterous conduct or language or by the making of unreasonably loud noise that is intended to cause annoyance or alarm to another person, and who persists in such conduct after being requested to desist by a law-enforcement officer acting in his lawful capacity, is guilty of disorderly conduct, a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.
(b) For purposes of this section:
(1) "Public place" means any area of the county whether incorporated or unincorporated, commercial or private sites of land, used as private residences or recreational locations.
(1) (2) "Mobile home park" means a privately-owned residential housing area or subdivision wherein the dwelling units are comprised mainly of mobile homes and wherein the occupants of such dwelling units share common elements for purposes of ingress and egress, parking, recreation and other like residential purposes.
(2) (3) "Mobile home" means a moveable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes: (A) Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity, and (B) units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
(3) (4) "Public parking area" means an area, whether publicly or privately owned or maintained, open to the use of the public for parking motor vehicles.

NOTE: The purpose of this bill is to expand the definition of the term a public place where one can be charged with disorderly conduct.

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