COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 148

(By Senators Prezioso, Yoder, Foster, Stollings, Kessler and Hunter)

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[Originating in the Committee on Health and Human Resources;

reported January 24, 2007.]

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A BILL to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended, relating to providing that breast feeding a child in public or private shall not be considered public indecency.

Be it enacted by the Legislature of West Virginia:
That §61-8-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm: Provided, That it is not considered indecent exposure for a mother to breast feed a child in any location, public or private.
(b) Any person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county jail not more than ninety days, or fined not more than two hundred fifty dollars and confined in the county jail not more than ninety days.
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(NOTE: The purpose of this bill is to provide that breast feeding in public shall not be considered public indecency.

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