H. B. 3065
(By Delegates Eldridge, Rodighiero, Ellis,
Stemple, Williams, Perry, Beach, Shook,
Argento and Reynolds)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-8D-10, relating
to making false reports of child abuse, sexual abuse or
domestic violence; providing a criminal offense for making
false reports; requiring community service, monetary fines and
class requirements for persons convicted of violations; and
providing for civil liability for making false reports.
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 §61-8D-10, to read as
follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-10. False reporting of child abuse, sexual abuse and
domestic violence.
(a) Any person who intentionally and knowingly makes a false
report of child abuse or neglect, physical or sexual abuse, or
domestic violence by a parent against a child to any law-enforcement agency or to any child protective services agency
in this state is guilty of a misdemeanor and, upon conviction
thereof, shall be sentenced to no less than forty hours of
community service or a fine of one thousand dollars, or within the
discretion of the court, both a fine and community service:
Provided, That the person so convicted shall be required to attend
parenting classes conducted by any court-approved agency.
(b) In addition to the criminal penalty provided herein, the
person convicted is also liable to the person who was falsely
accused, for reasonable attorney fees, court costs and lost income
he or she incurred as a result of the false report.
NOTE: The purpose of this bill is to establish a crime for
falsely reporting child abuse or neglect, sexual abuse or domestic
violence. The bill provides a criminal offense for making false
reports while requiring community service, monetary fines and
mandatory parenting class for persons convicted of violations. It
additionally provides for civil liability for making false reports.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.