COMMITTEE SUBSTITUTE
FOR
H. B. 2110
(By Delegates Love, Thomas and Collins)
(Originating in the House Committee on the Judiciary)
[January 31, 1995]
A BILL to amend and reenact section four, article three-a,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
interfering with firefighters.
Be it enacted by the Legislature of West Virginia:
That section four, article three-a, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-4. Person attacking or hindering or obstructing
firefighter or emergency equipment; penalties.
(a) It shall be unlawful, while any fire department or
company or firefighter is in the process of answering an alarm of
fire or extinguishing a fire or returning to station, is lawfully
exercising or discharging such department's, company's or firefighter's official duty during an emergency, for any person
to:
(1) Attack any firefighter or fire-fighting equipment or
emergency vehicles any of his or her equipment with any firearms,
knives, fire bombs or any object endangering life or property;
with any deadly weapon as defined in section two, article seven,
chapter sixty-one of this code, or
(2) Intentionally hinder any firefighter in the performance
of his duties or intentionally obstruct any fire-fighting
equipment or emergency vehicle. hinder, obstruct, oppose, or
attempt to hinder, obstruct or oppose, or counsel, advise or
invite others to hinder, obstruct or oppose, any fire
department, fire company or firefighter.
(b) Any person violating the provisions of this section is
guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than one nor more than
ten years, or, in the discretion of the court, be confined in the
county jail not more than one year or fined not more than five
hundred dollars, or both fined and imprisoned.
(c) Any person willfully violating any of the provisions of
section one or three of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than five hundred dollars: Provided,
That nothing in this article shall be construed to prevent
law-enforcement officials from controlling traffic and otherwise
maintaining order at the scene of a fire.
(d) Nothing in this article shall be construed to prevent
law-enforcement officials from controlling traffic and otherwise
maintaining order at the scene of a fire.