H. B. 4043


(By Delegates Blass, Walters, Greear, Johnson
,
Adkins, Harrison and Thompson)

[Introduced January 11, 1996; referred to the
Committee on the Judiciary.]



A BILL to amend article eight, 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 twenty-eight, relating to prohibiting any establishment that profits from any type of obscene matter from operating within five thousand feet of any school or church.

Be it enacted by the Legislature of West Virginia:
That article eight, 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 twenty-eight, to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-28. Establishments profiting from obscene matter.
No establishment that profits from any type of obscene matter as defined in subsection (7), section one, article one-a of this chapter shall operate within five thousand feet of any church or school.



NOTE: The purpose of this bill is to prohibit any establishment that profits from any type of obscene matter from operating within 5,000 feet of any church or school.

§61-8-28 is new; therefore, strike-throughs and underscoring have been omitted.