H. B. 2269
(By Delegates Marshall, Barill, Iaquinta and Longstreth)
[Introduced February 13, 2013; referred to the
Committee on Judiciary then Finance.]
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 crime to prevent or obstruct an individual from
contacting emergency service personnel or law-enforcement
officers in the reporting of an unlawful act; defining a term;
and providing for criminal 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
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-17a. Interference with the reporting of a crime; penalty.
_____(a) No person, with the intent to commit, aid in the
commission of, conceal, attempt to conceal, or obstruct the reporting of an unlawful act, shall knowingly and intentionally
interfere with or prevent another person from:
_____(1) Using or accessing a 911 emergency telephone system; or
_____(2) Making a report to law-enforcement officer or agency or
fire department; or
_____(3) Obtaining medical assistance for any injury or condition
arising from an unlawful act.
_____(b) For purposes of this section, the term "interfere with or
prevent" includes, but is not limited to, the seizure, concealment,
obstructing access to, or disabling of a telephone, telephone line
or equipment, or other communication device.
_____(c) Any person who violates this section with the intent to
commit, aid in the commission of, conceal, or obstruct the
reporting or investigation of an offense punishable by confinement
in a correctional facility or jail, is guilty of a misdemeanor and,
upon conviction thereof, be confined to jail not more than six
months or fined not less than $100 nor more than $500, or both
fined and confined.
NOTE: The purpose of this proposed new section is to make it
a crime to interfere with or prevent a person from reporting a
crime or seeking emergency assistance arising from the commission
of a crime. The bill defines a term and includes criminal
§61-5-17a is new; therefore, it has been completely