H. B. 3110
(By Delegates Manuel and C. White)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, 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
eleven-b, relating to providing for the criminal offense of
making a credible threat involving the use of explosive
devices or dangerous weapons against a person on school
premises; providing penalties for offenders and enhanced
penalties for repeat offenders; and providing that the
administration of the school or the county school board are
considered victims as well as the person threatened, thereby
authorizing the school administration or county school board
to sign a criminal complaint upon which a criminal warrant may
issue as a complainant against a person alleged to have made
the threat.
Be it enacted by the Legislature of West Virginia:
That article seven, 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
eleven-b, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-11b. Making credible threats involving deadly force against
persons on school property; authorizing school
administration or county school board to prosecute
case; criminal penalties.
(a) It is unlawful for any person while on the premises of any
school property in this state to make any credible threat to use
explosive devices or other deadly force with a deadly weapon upon
the person of any other individual or individuals. For the purposes
of this section, prima facie evidence of a credible threat includes
the presentation or exhibition of any bomb, firearm or other deadly
weapon, or the presentation of any facsimile or imitation of a
bomb, firearm or other deadly weapon in conjunction with a threat
of violence by words or gestures. Any person violating this
section is guilty of a felony and, upon conviction thereof, shall
be fined not less than one thousand dollars nor more than ten
thousand dollars, or shall be confined in a correctional facility
not less than five years nor more than ten years, or both fined and
confined. In the event any person commits a repeat violation of
this section, he or she is guilty of a felony and, upon conviction thereof of for a second or subsequent offense, shall be fined not
less than ten thousand dollars nor more than twenty thousand
dollars, and shall be confined in a correctional facility not less
than ten years.
(b) For purposes of initiating a prosecution of a person under
the provisions of this section the principal, vice principal, or
administrative officer over the school premises upon which a
violation of this section occurred or the county school board
wherein the school premises is located shall be considered a victim
in addition to the person or persons actually threatened, and as
such, shall have standing to initiate a criminal complaint upon
which a criminal warrant may issue.
NOTE: The purpose of this bill is to provide for the criminal
offense of making a credible threat of use of force against a
person by means of a bomb or other deadly weapon or device. The
bill provides that school administrators may initiate prosecutions
against violators and further provides enhanced penalties for
repeat offenders.
This section is new; therefore, strike-throughs and
underscoring have been omitted.