ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2364
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed March 13, 1999; in effect ninety days from passage.]
An ACT 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 bombs or other explosive devices; creating offense
of false reports concerning bombs creating serious bodily
injury; and penalties.
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 to be
imparted or conveyed any false information, knowing or having
reasonable cause to believe such 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 guilty of a
misdemeanor 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.
(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.
(c) Notwithstanding any provision of this section to the
contrary, any person violating the provisions of subsection (a) of
this section whose violation of the subsection results in another
suffering serious bodily injury shall be guilty of a felony and,
upon conviction thereof, shall be confined in a correctional
facility for not less than one nor more than five years or fined
not more than ten thousand dollars, or both. Each such injury
covered by a violation of subsection (a) shall constitute a
separate offense.