Senate Bill No. 202

(By Senators Tomblin (Mr. President) and Sprouse

By Request of the Executive)

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[Introduced January 25, 1999;

referred to the Committee on the Judiciary.]

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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 two new sections, designated sections twenty-four and twenty-five, all relating to public safety; false reports concerning explosive devices on government property; attempts to destroy government property; threats of bodily injury to teachers, students and government employees; 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 two new sections, designated sections twenty-four and twenty-five, all 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 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 felony and, upon conviction thereof, shall be committed to the custody of the division of corrections for not less than one year 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.
§61-6-25. Threats of bodily injury to teachers, students, and government employees; penalties.
Any person who shall threaten, convey a threat or cause to threaten bodily injury through use of a deadly weapon to a teacher, student or employee of 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 not less than one year 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 nor more than one thousand dollars, or by confinement in the county jail or regional jail for not more than one year, or both.



NOTE: The purpose of this bill is to make it a felony to threaten or attempt to blow up a government building and to threaten bodily injury to a teacher, student or employee through the use of a deadly weapon.

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