H. B. 2381
(By Delegates Mezzatesta and Williams)
[Introduced January 17, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seventeen, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to criminal and
other penalties for false bomb threats by minors; and
providing liability for parents for damages for those acts of
minors.
Be it enacted by the Legislature of West Virginia:
That section seventeen, 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.
§61-6-17. False reports concerning bombs or other explosive
devices; penalties.
(a) Any person who imparts or conveys or causes to be imparted
or conveyed any false information, knowing or having reasonable cause to believe the information to be false, concerning the
presence of any bomb or other explosive device in, at, on, near,
under or against any dwelling house, structure, improvement,
building, bridge, motor vehicle, vessel, boat, railroad car,
airplane or other place or concerning an attempt or alleged attempt
being made or to be made to so place or explode any bomb or other
explosive device is guilty of a felony and, upon conviction
thereof, shall be fined not less than one hundred dollars nor more
than two thousand dollars or confined in a state correctional
facility for not less than one year nor more than three years, or
both fined and imprisoned.
(b) If any person violates any provision of this section and
the violation directly causes economic harm as defined in
subsection (d) of this section, in addition to any other penalty,
the circuit court may order the offender to pay the victim or
victims restitution, in accordance with the provisions of article
eleven-a of this chapter, for economic loss caused by the violation
in an amount not to exceed the economic harm suffered. Nothing in
this section may be construed to limit the circuit court's
authority to order restitution pursuant to other provisions of this
code.
(c) Notwithstanding any provision of this section to the
contrary, any person violating the provisions of subsection (a) of
this section whose violation of the subsection results in another suffering serious bodily injury is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility for not less than one year nor more than five years or
fined not more than ten thousand dollars, or both fined and
imprisoned. Each injury resulting from a violation of subsection
(a) of this section constitutes a separate offense.
(d) As used in this section, "economic harm" means all direct,
incidental and consequential pecuniary harm suffered by a victim as
a result of criminal conduct. Economic harm includes, but is not
limited to, the following:
(1) All wages, salaries or other compensation lost as a result
of the criminal conduct;
(2) The cost of all wages, salaries or other compensation paid
to employees for time those employees are prevented from working as
a result of the criminal conduct;
(3) The cost of all wages, salaries or other compensation paid
to employees for time those employees spent in reacting to the
results of the criminal conduct; or
(4) The overhead costs incurred for the time that a business
is shut down as a result of the criminal conduct; or
(5) The cost of use of all materials and equipment to any
person or entity reacting to the results of the criminal conduct.
(e) Notwithstanding any other provision of law to the
contrary, the parent or guardian of any minor child who violates the provisions of subsection (a) of this section and causes either
the evacuation or serious disruption of a school building, school
related event or school transportation, is personally liable for
the costs prescribed in subsection (b) of this section.
(f) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles shall revoke a driver's license or instruction
permit, and deny application therefore until the age of eighteen,
of any minor child who violates the provisions of subsection (a) of
this section.
NOTE: The purpose of this bill is to provide criminal and
other penalties for false bomb threats by minors and to provide
liability for parents of minors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.