WEST virginia legislature

2020 regular session

Introduced

House Bill 4430

By Delegates  Fast, C. Martin, Dean, Bibby, Hardy, P. Martin, Rowan, Hott, Howell and Toney

[Introduced January 20, 2020; 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 §61-6-20a, relating to creating the misdemeanor offense of falsely filing a complaint against a law-enforcement office; and providing a criminal penalty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-20a. Falsely filing complaint against law-enforcement officer.

A person is guilty of filing a false complaint against a law-enforcement officer when, knowing the information reported, conveyed or circulated is false or baseless, he or she:

(1) Initiates or circulates a false complaint of improper action of a law-enforcement officer relating to an incident or other circumstance; or

(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with conduct of law-enforcement officers which did not occur, does not in fact exist; or

(3) Reports to a law-enforcement officer or agency the alleged occurrence of any offense or incident which did not in fact occur.

Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1000 or confined in jail not more than six months, or both fined and confined.

NOTE: The purpose of this bill is to create the misdemeanor offense of falsely filing a complaint against a law-enforcement office.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.