H. B. 2876
(By Delegates Overington, Carmichael, Walters,
Calvert, Louisos, Azinger and Sumner)
[Introduced February 5, 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 providing
that all persons have the right to be free from violence
without regard to the motivation behind the violence.
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 or sex Therefore, the
punishments called for in this chapter should be vigorously
enforced to ensure the protection of all persons from violence
against their person or property.
(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 race, color, religion, ancestry,
national origin, political affiliation or sex, 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 race, color,
religion, ancestry, national origin, political affiliation or sex
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 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 race,
color, religion, ancestry, national origin, political affiliation
or sex, 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 provide that all persons
have the right to be free from violence without regard to the
motivation behind the violence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.