H. B. 2851
(By Delegates Fleischauer, Doyle,
Brown, Guthrie, Palumbo, Wells and Webster)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-6-21 of the Code of West Virginia,
1931, as amended, relating to prohibiting crimes against a
person or his or her property because of a bias against that
person; including disability and sexual orientation to list of
persons protected pursuant to this section; includes actual or
perceived in describing persons protected; altering elements
of criminal acts; removing provisions relating to conspiracy;
and providing that free speech and expression of religious
beliefs are not subject to the provisions of this section.
Be it enacted by the Legislature of West Virginia:
That §61-6-21 of the Code of West Virginia, 1931, 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.
(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 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) For the purposes of this section:
(1) "Disability" means a physical or mental impairment that
substantially limits one or more major life activities;
(2) "Sexual orientation" means an enduring sexual or
affectional attraction to persons of a particular gender, and
includes heterosexuality, homosexuality and bisexuality, by
inclination or practice.
(d) If any person, because of the other person's actual, or
perceived race, color, religion, ancestry, national origin,
political affiliation, disability, sex or sexual orientation, by
force or threat of force willfully:
(1) Injures;
(2) Intimidates or interferes; or
(3) Attempts to injure, intimidate or interfere, with any
other person while 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, he or she 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 fined and imprisoned.
(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, or sex 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 willfull
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 means to violate this section, each such person shall be 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) (e) The fact that a person committed a felony or
misdemeanor, or attempted to commit a felony, because of the
victim's actual or perceived 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) (f) Nothing contained in this section makes unlawful the
teaching of any technique in self defense.
(f) (g) 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.
(g)(h) No provision of this section may be construed to limit
a person's federal and state constitutional right of free speech
and the right to express his or her religious opinions or beliefs.
NOTE: The purpose of this bill is to include sexual
orientation and disability as a bias-based crime civil rights
violation for purposes of criminal responsibility; and further
removes unnecessary conspiracy provisions; and clarifies that the
provisions of this section are not intended to limit free speech or
religious expression.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.