H. B. 2110
(By Delegates Love, Thomas and Collins)
[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
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.
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, course of any of
his or her duties, for any person to:
(1) Attack any firefighter or fire-fighting equipment or
emergency vehicles with any firearms, knives, fire bombs or any
object endangering life or property; or
(2) Intentionally hinder any firefighter in the performance
of his or her duties or intentionally obstruct any fire-fighting
equipment or emergency vehicle.
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.
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.
NOTE: The purpose of this bill is to criminalize any
interference with a firefighter while performing his or her
duties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.