H. B. 2415
(By Delegates Amores, Doyle, Marshall,
Mahan, Staton and Hubbard)
[Introduced February 21, 2001; 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 expanding
the comprehensiveness of the section relative to violations
of individual's civil rights for the purposes of criminal
liability.
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 actual or perceived race,
color, religion, ancestry, national origin, political
affiliation, disability, or sex or sexual orientation.
(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 other person's actual or perceived
race, color, religion, ancestry, national origin, political
affiliation, disability, or sex or sexual orientation, he or she
shall be guilty of a felony and, upon conviction, shall be fined
not more than five thousand dollars or imprisoned not more than
ten years, or both.
(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 other person's actual
or perceived 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 willfull 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 person or persons intend to employ such
techniques or means to violate this section, each such person
shall be guilty of a felony and, upon conviction, shall be fined
not more than five thousand dollars or imprisoned not more than
ten years, or both.
(d) The fact that a person committed a felony or
misdemeanor, or attempted to commit a felony, because of the
victim's actual or perceived 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 be construed so as to
make it unlawful nor to prohibit nor, in any manner, to impede or
to interfere with any person in conducting labor union or labor
union organizing activities.
NOTE: The purpose of this bill is to expand the
comprehensiveness of the section concerning what causes a civil
rights violation for purposes of criminal responsibility.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.