COMMITTEE SUBSTITUTE

FOR

H. B. 4440

(By Delegates Heck and Bean)
( Originating in the House Committee on the Judiciary)


[February 24, 1998]


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 officer; penalty.

(a) A person is guilty of making a false statement to a law-enforcement officer when:
(1) Such person, with the intent to impede the law enforcement officer in the lawful exercise or discharge of his 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) Such statement, representation, writing or document is made or given to the law-enforcement officer when the officer 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, unless such accused shall have voluntarily waived the right to remain silent prior to making or giving such statement, representation, writing or document.
(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 such person, after the commission of an offense, shall aid or assist the accused to avoid or escape from prosecution or punishment.
(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 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 section, 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.