COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 222

(By Senators Beach, Laird and Klempa)

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[Originating in the Committee on the Judiciary;

reported February 2, 2012.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-17a, relating to making it a criminal offense for any person to intentionally interfere with or prevent an individual from calling for the assistance of emergency service personnel; defining terms; and establishing 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 §61-5-17a, to read as follows:

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-17a. Willful interference with a call for emergency services.

    (a) Any person, with the intent to deprive any other person of emergency services, who interferes with or prevents another person from:(1) Using or accessing a 911 emergency telephone system; (2)Making a report to a law-enforcement officer or agency or fire department; or(3)Requesting emergency medical assistance shall be guilty of a misdemeanor, and upon conviction shall be confined in jail for not more than six months, or fined not less than $100 nor more than $500, or both.

    (b) As used in this section, to “interfere with or prevent” includes, but is not limited to, the seizure, concealment, obstructing access to or disabling or disconnection of a telephone, telephone line or equipment or other communication device.