COMMITTEE SUBSTITUTE

FOR

H. B. 2364


(By Mr. Speaker, Mr. Kiss, and Delegate Trump)

[By Request of the Executive]

(Originating in the Committee on the Judiciary)

[February 3, 1999]


A BILL to amend article six, 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 twenty-four, relating to public safety; false reports concerning explosive devices on government property or places of public gathering; and criminal penalties.

Be it enacted by the Legislature of West Virginia:

That article six, 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 twenty-four, to read as follows:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-24. False reports concerning explosive devices on government property; penalties.

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 property owned or leased by the state or any of its political subdivisions, including, but not limited to, schools, dwelling houses, structures, improvements, buildings, bridges, motor vehicles, vessels, boats, railroad cars, airplanes, real estate or any other place, or other places of public gathering not owned or leased by the state or any of its political subdivisions, including, but not limited to, theaters, amphitheaters, auditoriums, churches, stadiums, coliseums, buildings, real estate or any 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, with intent to thereby threaten the destruction of property owned or leased by the state or any of its political subdivisions, shall be guilty of a felony and, upon conviction thereof, shall be committed to the custody of the division of corrections for a definite term of imprisonment in the penitentiary which is not less than one nor more than three years or fined not more than five thousand dollars, or both, or, in the discretion of the
court, may be punished by a fine of not less than two hundred dollars not more than one thousand dollars, or by confinement in the county jail or regional jail for not more than one year, or both. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of one year of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two of this code, whichever is greater.


NOTE: The purpose of this bill is to make it a felony to convey false information related to either the presence of a bomb or an alleged attempt to place a bomb in or near government property or public gathering places.

These sections are new; therefore, strike-throughs and underscoring have been omitted.