COMMITTEE SUBSTITUTE
FOR
H. B.3213
(By Delegates Delong, Craig, Amores)
(Originating in the Committee on the Judiciary)
[January 20, 2006]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-16a,
relating
to creating crimes against common carriers and providing
penalties
.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-16a
, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-16a. Malicious assault; unlawful assault; battery and
recidivism of battery; assault on a driver,
conductor
, motorman, captain, pilot or other person
in charge of any vehicle
used for public conveyance
.
(a) Malicious assault. -- Any person who maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill any driver, conductor
,
motorman, captain or other person in charge of any vehicle or boat, driven by steam, electricity, gasoline or other motive
power and used for public conveyance acting in his or her
official capacity and the person committing the malicious assault
knows or has reason to know that the victim is a driver,
conductor, motorman, captain or other person in charge of any
vehicle or boat
used as a public conveyance, acting in his or her
official capacity, is guilty of a felony and, upon conviction
thereof, shall be confined in a correctional facility for not
less than three nor more than fifteen years.
(b) Unlawful assault. -- Any person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes
any driver, conductor, motorman, captain or other person in
charge of any vehicle, aircraft or boat, driven by steam,
electricity, gasoline or other motive power and used for public
conveyance
acting in his or her official capacity, bodily injury
with intent to maim, disfigure, disable or kill him or her and
the person committing the unlawful assault knows or has reason to
know that the victim is a driver, conductor, motorman, captain or
other person in charge of any vehicle or boat
used as a public
conveyance
, acting in his or her official capacity, is guilty of
a felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than two nor more than five
years.
(c) Battery. -- Any person who unlawfully, knowingly and
intentionally makes physical contact of an insulting or provoking
nature with a driver, conductor, motorman, captain or other
person in charge of any vehicle or boat, driven by steam, electricity, gasoline or other motive power and used for public
conveyance
, acting in his or her official capacity, or unlawfully
and intentionally causes physical harm to a driver, conductor,
motorman, captain or other person in charge of any vehicle or
boat, driven by steam, electricity, gasoline or other motive
power and used for public conveyance
, in such capacity, and the
person committing the battery knows or has reason to know that
the victim is a driver, conductor, motorman, captain or other
person in charge of any vehicle or boat
used as a public
conveyance, acting in his or her official capacity
is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in
the county or regional jail for not less than one month nor more
than twelve months, fined the sum of five hundred dollars, or
both. If any person commits a second such offense, he or she is
guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility for not less than one year
nor more than three years or fined the sum of one thousand
dollars or both fined and confined. Any person who commits a
third violation of this subsection is guilty of a felony and,
upon conviction thereof, shall be confined in a correctional
facility not less than two years nor more than five years or
fined not more than two thousand dollars or both fined and
confined.
(d) Assault. -- Any person who unlawfully attempts to commit
a violent injury to the person of a driver, conductor, motorman,
captain or other person in charge of any vehicle or boat, driven
by steam, electricity, gasoline or other motive power and used for public conveyance
, acting in his or her official capacity, or
unlawfully commits an act which places a driver, conductor,
motorman, captain or other person in charge of any vehicle or
boat, driven by steam, electricity, gasoline or other motive
power and used for public conveyance
, acting in his or her
official capacity, in reasonable apprehension of immediately
receiving a violent injury, and the person committing the assault
knows or has reason to know that the victim is a driver,
conductor, motorman, captain or other person in charge of any
vehicle or boat
used as a public conveyance, acting in his or her
official capacity
is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in the county or regional jail for not
less than twenty-four hours nor more than six months, fined not
more than two hundred dollars, or both fined and confined.
Note: The purpose of this bill is to create the offenses of
Malicious assault; unlawful assault; battery and recidivism of
battery; assault on a driver, conductor
, motorman, captain or
other person in charge of any vehicle
used for public conveyance
and provide their penalties.
This section is new therefore there is no underscoring.