Committee Substitute
House Bill 2426 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2426
(By Delegate Brown)
(0riginating in the House Committee on the Judiciary)
[March 27, 1993]
A BILL to amend and reenact section twenty-one, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, defining criminal
offenses committed against persons or their property because
of their race, color, religion, ancestry, national origin,
political affiliation, disability, sex or sexual
orientation, and establishing penalties therefor.
Be it enacted by the Legislature of West Virginia:
That section twenty-one, article six, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-21. Prohibiting violations of an individual's civil
rights; penalties.
(a) All persons within the boundaries of the state of West
Virginia have the right to be free from any violence, or
intimidation by threat of violence, committed against their
persons or property because of their race, color, religion,ancestry, national origin, political affiliation, disability, or
sex or sexual orientation. The term "sexual orientation" is
defined as actual or perceived male or female homosexuality,
heterosexuality or bisexuality by practice or identification.
(b) If any person does by force or threat of force,
willfully injure, intimidate or interfere with, or attempt to
injure, intimidate or interfere with, or oppress or threaten any
other person in the free exercise or enjoyment of any right or
privilege secured to him or her by the Constitution or laws of
the state of West Virginia or by the Constitution or laws of the
United States, because of such other person's race, color,
religion, ancestry, national origin, political affiliation,
disability, or sex or sexual orientation, he or she shall be is
guilty of a felony, and, upon conviction, shall be fined not more
than five thousand dollars or imprisoned not more than ten years,
or both.
(c) If any person conspires with another person or persons
to willfully injure, oppress, threaten, or intimidate or
interfere with any citizen because of such other person's race,
color, religion, ancestry, national origin, political
affiliation, disability, or sex or sexual orientation, in the
free exercise or enjoyment of any right or privilege secured to
him or her by the Constitution or laws of the state of West
Virginia or by the Constitution or laws of the United States, and
in willful furtherance thereof to assemble with one or more
persons for the purpose of teaching any technique or means
capable of causing property damage, bodily injury or death when
such person or persons intend to employ such techniques or meansto violate this section, each such person shall be is guilty of
a felony, and, upon conviction, shall be fined not more than five
thousand dollars or imprisoned not more than ten years, or both.
(d) The fact that a person committed a felony or
misdemeanor, or attempted to commit a felony, because of the
victim's race, color, religion, ancestry, national origin,
political affiliation, disability, or sex or sexual orientation
shall be considered a circumstance in aggravation of any crime in
imposing sentence.
(e) Nothing contained in this section makes unlawful the
teaching of any technique in self-defense.
(f) Nothing in this section shall be construed so as to make
it unlawful nor to prohibit nor, in any manner, to impede or to
interfere with any person in conducting labor union or labor
union organizing activities.