H. B. 2004

(By Delegates Amores, Doyle and Mahan)

[Introduced January 8, 2003 ; 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 scope of protected civil rights to include disability and sexual orientation.

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 scope of protected civil rights to include disability and sexual orientation.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.