Senate Bill No. 9

(By Senator White)

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[Introduced January 14, 1998;

referred to the Committee on the Judiciary.]

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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 bomb threats; and increasing penalties for first and subsequent offenses.

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:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§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 is 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 not less than one hundred dollars nor more than one thousand dollars, or by confinement in the county jail for not more than one year, or both by imprisonment in the state penitentiary for not less than one year nor more than five years, or both fined and imprisoned.
(b) Any person violating any provision of subsection (a) of this section, shall for the second or any subsequent offense under this section, be is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than one five hundred dollars nor more than one five thousand dollars, or by imprisonment in the state penitentiary for not less than one year nor more than five years, or both fined and imprisoned. 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

NOTE: The purpose of this bill is to increase the penalty for first offenders making bomb threats from a misdemeanor to a felony.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.