House Bill 2754 History
H. B. 2754
(By Delegates Swartzmiller, Manypenny, Ennis
[Introduced February 23, 2009; 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 §61-5-30, relating to
requiring witnesses of violent acts or emergency situations to
report the incident to law-enforcement authorities.
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 §61-5-30, to read as
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-30. Reporting of violent acts and emergency situations;
(a) When any person sees, witnesses or otherwise is aware of
an act of violence against another person or a situation that
constitutes an emergency, that person shall immediately notify, or
otherwise inform, the local police, the county sheriff or state
police in a way that will permit that law-enforcement authority to
respond in a timely manner: Provided, That the notification may be made anonymously.
(b) Any person who, in good faith, reports any act required by
this section shall be immune from any civil or criminal liability
that might otherwise result by reason of such actions.
(c) When any person required by this section to report an act
of violence against another person or a situation that constitutes
an emergency knowingly fails to report an incident that results in
the death of an innocent individual, that person shall be guilty of
a misdemeanor and, upon conviction thereof, shall be confined in
jail for not more than ten days or fined not more than $500, or
NOTE: The purpose of this bill is to require witnesses of
violet acts against persons and emergency situations to report the
incidents to the appropriate law-enforcement authorities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would