H. B. 4100
(By Delegates Staton, Amores, Davis,
Pettit and Thomas)
(Introduced January 27, 1998; referred to the
Committee on the Judiciary.)
A BILL to
amend and reenact section seventeen, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to false
reports concerning explosives redesignating a first offense
a felony; increasing the penalty therefor; and eliminating
the separate penalty for a subsequent offense.
Be it enacted by the Legislature of West Virginia:
That section seventeen, 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:
§61-6-17. False reports concerning bombs or other explosive devices; penalties.
(
a
) Any person who shall impart or convey or cause imparts
or conveys or causes to be imparted or conveyed any false
information, knowing or having reasonable cause to believe such
that information to be false, concerning the presence of any bomb
or other explosive device in, at, on, near, under or against any
dwelling house, structure, improvement, building, bridge, motor vehicle, vessel, boat, railroad car, airplane or other place, or
concerning an attempt or alleged attempt being made or to be made
to so place or explode any such bomb or other explosive device,
shall be is guilty of a misdemeanor, felony and, upon conviction
thereof, shall be punished by a fine of fined not less than one
hundred dollars nor more than one thousand dollars, or imprisoned
in a state correctional facility not less than one year nor more
than five years, or both fined and imprisoned, or in the
discretion of the court, shall be fined not less than one hundred
dollars nor more than one thousand dollars and or by confinement
confined in the county or regional jail for not more than one
year. or both
(b) Any person violating any provision of subsection (a) of
this section shall, for the second or any subsequent offense
under this section, be guilty of a felony, and, upon conviction
thereof, shall be punished by a fine of not less than one hundred
dollars nor more than one thousand dollars, or by imprisonment in
the state penitentiary for not less than one year nor more than
five years, or both, or, in the discretion of the court, shall be
punished by a fine of not less than one hundred dollars nor more
than one thousand dollars and by confinement in the county jail
for not more than one year.
Strike-throughs indicate language that would be stricken
from the present law and underscoring indicates new language that
would be added.