H. B. 4415
(By Delegates Warner, Faircloth,
Cann, Staton and Trump)
[Introduced February 12, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend article ten, 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
thirty-two, relating to imposing criminal penalties for
certain telephone solicitation practices.
Be it enacted by the Legislature of West Virginia:
That article ten, 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
thirty-two, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-32. Prohibiting certain telephone solicitation practices;
penalties therefor; fine to be paid to victim.
(a) Any person who uses the telephone before nine o'clock in
the morning, or after eight o'clock at night, or at any time on Sunday, for telemarketing solicitation is guilty of a
misdemeanor, and, upon conviction, shall be fined no less than
two hundred dollars and no more than five hundred dollars.
(b) Any person who uses the telephone for telemarketing
purposes to call an unlisted telephone number is guilty of a
misdemeanor, and, upon conviction, shall be fined no less than
two hundred dollars and no more than five hundred dollars.
(c) Any person who uses the telephone for telemarketing
purposes to call an unlisted telephone number within twelve
months after the holder of the unlisted number has requested that
the telemarketing solicitor desist is guilty of a misdemeanor,
and, upon conviction, shall be fined no less than two hundred
dollars and no more than five hundred dollars.
(d) The court imposing any misdemeanor fine under this section
shall cause one-half of such fine to be paid directly to the
person receiving the criminal telemarketing call.
NOTE: The purpose of this bill is to impose misdemeanor
penalties for telephone solicitation during certain hours, or on
Sunday, or by calling an unlisted number, or within twelve months
of an unlisted number-holder's request to desist. The bill
requires the court to award half of the criminal fine to the
crime victim.
Section thirty-two is new; therefore, strike-throughs and
underscoring have been omitted.