Senate Bill No. 268
(By Senator Schoonover)
[Introduced January 31, 1996; referred to the Committee
on the Judiciary.]
A BILL to amend article five, 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
seventeen-a, relating to defining the misdemeanor offense of
making a false statement to a law-enforcement officer; and
providing penalties therefor.
Be it enacted by the Legislature of West Virginia:
That article five, 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
seventeen-a, to read as follows;
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-17a. Making a false statement to a law-enforcement
(a) A person is guilty of making a false statement to a
law-enforcement officer when:
(1) The person, with the intent to impede the law-
enforcement officer in the lawful exercise or discharge of his or
her official duty, knowingly and willfully makes any false,
fictitious or fraudulent statement or representation, or makes or
uses any false writing or document knowing the same to contain
any false, fictitious or fraudulent statement or entry;
(2) The statement, representation, writing or document is
made or given to a law-enforcement officer who is in the lawful
exercise or discharge of his or her official duties and is
conducting an investigation of an alleged criminal offense; and
(3) The misrepresentation is material.
(b) The provisions of subsection (a) of this section are
not applicable to an accused in any criminal case who, under the
provisions of article three, section five of the constitution of
the state of West Virginia could not be compelled to be a witness
against himself or herself, unless the accused shall have
voluntarily and intelligently waived the right to remain silent prior to making or giving the statement, representation, writing
(c) The provisions of subsection (a) of this section are
not applicable to a person in the relation of husband and wife,
parent or grandparent, child or grandchild, brother or sister, by
consanguinity or affinity, of an accused in any criminal case,
when the person, after the commission of an offense, shall aid or
assist the accused to avoid or escape from prosecution or
(d) Any person who violates the provisions of this section
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than twenty-five dollars nor more than
two hundred dollars, or confined in the county jail for not more
than sixty days, or both, in the discretion of the court.
(e) For purposes of this section, "law-enforcement officer"
means any duly authorized member of a law-enforcement agency who
is authorized to maintain public peace and order, prevent and
detect crime, make arrests and enforce the laws of the state or
any county or municipality thereof, other than parking
ordinances. As used in this article, the term "law-enforcement
officer" does not apply to the chief executive of any West Virginia law-enforcement agency or any watchman, college campus
security personnel or special conservation officer, nor does it
apply to members of the West Virginia state police, who are
governed by the provisions of section sixteen, article two,
chapter fifteen of this code.
NOTE: The purpose of this bill is to create a misdemeanor
offense of making a false statement to a law-enforcement officer
and provides for a penalty for violation of the offense.
§61-5-17a is new; therefore, strike-throughs and
underscoring have been omitted.