West Virginia SB 101: Equalizing penalties for intimidating and retaliating against certain public officers and other persons

Bill Text

SB 101 Text

• 

• 

• 

• 

skip navigation

SENATE

PRESIDENT
SENATORS
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
SENATE CLERK
SENATE RULES

HOUSE

SPEAKER
DELEGATES
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
HOUSE CLERK
HOUSE RULES
HOUSE STAFF

JOINT

INTERIM COMMITTEES
LEGISLATIVE ADMINISTRATOR
LEGISLATIVE SERVICES DIVISION
PUBLIC INFORMATION
LEGISLATIVE AUTOMATED SYSTEMS DIVISION
LEGISLATIVE AUDITOR'S OFFICE
PERFORMANCE EVALUATION & RESEARCH DIVISION
POST AUDIT DIVISION
BUDGET DIVISION
REGULATORY AND FISCAL AFFAIRS DIVISION
CLAIMS COMMISSION
CRIME VICTIMS
RULE-MAKING REVIEW
SPECIAL INVESTIGATIONS
JUDICIAL COMP. COMMISSION
JOINT RULES
STAFF INFO

BILL STATUS

BILL STATUS
BILL TRACKING

STATE LAW

WEST VIRGINIA CODE
ACTS OF THE LEGISLATURE
CODE OF 1931
WV CONSTITUTION
US CONSTITUTION

REPORTS

AGENCY REPORTS
AGENCY GRANT AWARDS
PERFORMANCE EVALUATIONS
POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE
INTERNSHIP PROGRAM
PAGE PROGRAM

PUBLICATIONS
PHOTO GALLERY
CAPITOL HISTORY
HOW A BILL BECOMES LAW
Kids’ Page-->

CONTACT

SENATE ROSTER
HOUSE ROSTER
All Members List-->
PUBLIC INFO.
NEWS RELEASES
HELPFUL LINKS

Enrolled Version - Final Version

« Senate Bill 101 History

OTHER VERSIONS — 

Committee Substitute (1)
 | 

Introduced Version
 | 

 | Email

 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Enrolled

Committee Substitute

for

Senate Bill 101

Senator Trump, original 
sponsor

[Passed March 5, 2019; in effect 90 days from passage]

AN ACT to amend and 
reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to 
equalizing the criminal penalties for intimidating and retaliating against 
public officers and employees, jurors, and witnesses; increasing penalty for 
intimidation of such persons to a felony; and establishing criminal penalties.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 
5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-27. Intimidation 
of and retaliation against public officers and employees, jurors, and 
witnesses; fraudulent official proceedings and legal processes against public 
officials and employees; penalties.

(a) Definitions. — As 
used in this section:

(1) “Fraudulent” means not 
legally issued or sanctioned under the laws of this state or of the United 
States, including forged, false, and materially misstated;

(2) “Legal process” means 
an action, appeal, document instrument, or other writing issued, filed, or 
recorded to pursue a claim against person or property, exercise jurisdiction, 
enforce a judgment, fine a person, put a lien on property, authorize a search 
and seizure, arrest a person, incarcerate a person, or direct a person to 
appear, perform, or refrain from performing a specified act. “Legal process” 
includes, but is not limited to, a complaint, decree, demand, indictment, 
injunction, judgment, lien, motion, notice, order, petition, pleading, 
sentence, subpoena, summons, warrant, or writ;

(3) “Official proceeding” 
means a proceeding involving a legal process or other process of a tribunal of 
this state or of the United States;

(4) “Person” means an 
individual, group, association, corporation, or any other entity;

(5) “Public official or 
employee” means an elected or appointed official or employee of a state or 
federal court, commission, department, agency, political subdivision, or any 
governmental instrumentality;

(6) “Recorder” means a 
clerk or other employee in charge of recording instruments in a court, commission, 
or other tribunal of this state or of the United States; and

(7) “Tribunal” means a 
court or other judicial or quasi-judicial entity, or an administrative, 
legislative, or executive body, or that of a political subdivision, created or 
authorized under the constitution or laws of this state or of the United 
States.

(b) Intimidation; 
harassment. — It is unlawful for a person to use intimidation, physical 
force, harassment, or a fraudulent legal process or official proceeding, or to 
threaten to do so where such threat is directed at inciting or producing 
imminent lawless action of a violent nature that could cause bodily harm and is 
likely to incite or produce such action or to attempt to do so, with the intent 
to:

(1) Impede or obstruct a 
public official or employee from performing his or her official duties;

(2) Impede or obstruct a 
juror or witness from performing his or her official duties in an official 
proceeding;

(3) Influence, delay, or 
prevent the testimony of any person in an official proceeding; or

(4) Cause or induce a 
person to: (A) Withhold testimony, or withhold a record, document or other 
object from an official proceeding; (B) alter, destroy, mutilate, or conceal a 
record, document, or other object impairing its integrity or availability for 
use in an official proceeding; (C) evade an official proceeding summoning a 
person to appear as a witness or produce a record, document, or other object 
for an official procee