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Introduced Version House Bill 3065 History

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Key: Green = existing Code. Red = new code to be enacted
hb3065 intr
H. B. 3065


(By Delegates Eldridge, Rodighiero, Ellis,
Stemple, Williams, Perry, Beach, Shook,


Argento and Reynolds)

[Introduced January 9, 2008; 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 §61-8D-10, relating to making false reports of child abuse, sexual abuse or domestic violence; providing a criminal offense for making false reports; requiring community service, monetary fines and class requirements for persons convicted of violations; and providing for civil liability for making false reports.

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 §61-8D-10, to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-10. False reporting of child abuse, sexual abuse and domestic violence.

(a) Any person who intentionally and knowingly makes a false report of child abuse or neglect, physical or sexual abuse, or domestic violence by a parent against a child to any law-enforcement agency or to any child protective services agency in this state is guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to no less than forty hours of community service or a fine of one thousand dollars, or within the discretion of the court, both a fine and community service:
Provided, That the person so convicted shall be required to attend parenting classes conducted by any court-approved agency.
(b) In addition to the criminal penalty provided herein, the person convicted is also liable to the person who was falsely accused, for reasonable attorney fees, court costs and lost income he or she incurred as a result of the false report.



NOTE: The purpose of this bill is to establish a crime for falsely reporting child abuse or neglect, sexual abuse or domestic violence. The bill provides a criminal offense for making false reports while requiring community service, monetary fines and mandatory parenting class for persons convicted of violations. It additionally provides for civil liability for making false reports.

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