H. B. 2114
(By Delegates Fleischauer, Doyle, Hubbard, Mahan and Marshall)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-one, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to violations
of an individual's civil rights.
Be it enacted by the Legislature of West Virginia:
That section twenty-one, 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.
§61-6-21. Prohibiting violations of an individual's civil
rights; penalties.
(a) All persons within the boundaries of the state of West
Virginia have the right to be free from any violence, or
intimidation by threat of violence, committed against their persons or property because of their race, color, religion,
ancestry, national origin, political affiliation, disability, or
sex or sexual orientation. The term sexual orientation is
defined as disclosed or perceived male or female homosexuality,
heterosexuality or bisexuality by practice or identification.
(b) If any person does by force or threat of force,
willfully injure, intimidate or interfere with, or attempt to
injure, intimidate or interfere with, or oppress or threaten any
other person in the free exercise or enjoyment of any right or
privilege secured to him or her by the constitution or laws of
the state of West Virginia or by the constitution or laws of the
United States, because of such the other person's race, color,
religion, ancestry, national origin, political affiliation,
disability, or sex or sexual orientation, he or she shall be is
guilty of a felony and, upon conviction thereof, shall be fined
not more than five thousand dollars or imprisoned not more than
ten years, or both fined and imprisoned.
(c) If any person conspires with another person or persons
to willfully injure, oppress, threaten, or intimidate or
interfere with any citizen because of such the other person's
race, color, religion, ancestry, national origin, political
affiliation, disability, or sex or sexual orientation in the free
exercise or enjoyment of any right or privilege secured to him or
her by the constitution or laws of the state of West Virginia or by the constitution or laws of the United States, and in willful
furtherance thereof to assemble with one or more persons for the
purpose of teaching any technique or means capable of causing
property damage, bodily injury or death when such the person or
persons intend to employ such these techniques or means to
violate this section, each such person shall be is guilty of a
felony and, upon conviction thereof, shall be fined not more than
five thousand dollars or imprisoned not more than ten years, or
both fined and imprisoned.
(d) The fact that a person committed a felony or
misdemeanor, or attempted to commit a felony, because of the
victim's race, color, religion, ancestry, national origin,
political affiliation, disability, or sex or sexual orientation
shall be considered a circumstance in aggravation of any crime in
imposing sentence.
(e) Nothing contained in this section makes unlawful the
teaching of any technique in self-defense.
(f) Nothing in this section shall may be construed so as to
make it unlawful nor to prohibit, nor, in any manner, to impede
or to interfere, in any manner, with any person in conducting
labor union or labor union organizing activities.
NOTE: The purpose of this bill is to prohibit violations of
a person's civil rights because of their disability or sexual
orientation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.