Senate Bill No. 457
(By Senator Grubb)
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[Introduced February 19, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section twenty-one, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to violations of
an individual's civil rights.
Be it enacted by the Legislature of West Virginia:
That section twenty-one, 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:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-21. Prohibiting violations of an individual's civil rights;
penalties.
(a) All persons within the boundaries of the state of West
Virginia have the right to be free from any violence, or intimidation by threat of violence, committed against their persons
or property because of their race, color, religion, ancestry,
national origin, political affiliation, disability, or sex or
sexual orientation. The term sexual orientation is defined as
actual or perceived male or female homosexuality, heterosexuality
or bisexuality by practice or identification.
(b) If any person does by force or threat of force, willfully
injure, intimidate or interfere with, or attempt to injure,
intimidate or interfere with, or oppress or threaten any other
person in the free exercise or enjoyment of any right or privilege
secured to him or her by the Constitution or laws of the state of
West Virginia or by the Constitution or laws of the United States,
because of such other person's race, color, religion, ancestry,
national origin, political affiliation, disability, or sex or
sexual orientation, he or she shall be guilty of a felony, and,
upon conviction, shall be fined not more than five thousand dollars
or imprisoned not more than ten years, or both.
(c) If any person conspires with another person or persons to
willfully injure, oppress, threaten, or intimidate or interfere
with any citizen because of such other person's race, color,
religion, ancestry, national origin, political affiliation, disability, or sex or sexual orientation, in the free exercise or
enjoyment of any right or privilege secured to him or her by the
Constitution or laws of the state of West Virginia or by the
Constitution or laws of the United States, and in willful
furtherance thereof to assemble with one or more persons for the
purpose of teaching any technique or means capable of causing
property damage, bodily injury or death when such person or persons
intend to employ such techniques or means to violate this section,
each such person shall be guilty of a felony, and, upon conviction,
shall be fined not more than five thousand dollars or imprisoned
not more than ten years, or both.
(d) The fact that a person committed a felony or misdemeanor,
or attempted to commit a felony, because of the victim's race,
color, religion, ancestry, national origin, political affiliation,
disability, or sex or sexual orientation, shall be considered a
circumstance in aggravation of any crime in imposing sentence.
(e) Nothing contained in this section makes unlawful the
teaching of any technique in self-defense.
(f) Nothing in this section shall be construed so as to make
it unlawful nor to prohibit nor, in any manner, to impede or to
interfere with any person in conducting labor union or labor union organizing activities.
NOTE: The purpose of this bill is to prohibit "hate crimes"
against an individual because of his or her disability or sexual
orientation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.