H. B. 2331
(By Delegates Fantasia and Rowe)
[Introduced February 2, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-seven, article five,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to crimes
against public justice; and providing that the penalty which
may be imposed against a defendant for conviction of a
criminal offense may be imposed against the defendant in any
subsequent trial in which the defendant is found to have
intimidated a judicial officer, juror or a witness.
Be it enacted by the Legislature of West Virginia:
That section twenty-seven, article five, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-27. Intimidation of judicial officers, jurors and
witnesses; obstructing, etc., administration of
justice; penalty.
If any person by threats, force, or otherwise, intimidate or
impede, or attempt to intimidate or impede, (a) Any person who
impedes or uses threats, force or intimidation against, and any
person who attempts to impede or intimidate any judge, justice of
the peace magistrate, juror, witness, arbitrator, umpire, or an
officer or member of any court in the discharge of his or her
duty as such, or by any means obstruct or impede, or attempt to
obstruct or impede, the administration of justice in any court,
he shall be is guilty of a misdemeanor, and, upon conviction
thereof, unless otherwise provided by law, he shall be fined not
less than twenty-five nor more than two hundred dollars, and be
imprisoned in the county jail not exceeding six months.
(b) In addition to the penalty provided in subsection (a) of
this section, any penalty which may be imposed against a
defendant for conviction of a criminal offense may be imposed
against the defendant in any subsequent trial in which the defendant is found guilty of impeding, threatening or using force
or intimidation against, or attempting to impede or intimidate
any judge, magistrate, juror, witness, arbitrator, umpire or an
officer or member of any court in the discharge of his or her
duty, or by any means obstruct or impede, or attempt to obstruct
or impede, the administration of justice in the court in which
criminal trial occurred.
NOTE: The purpose of this bill is to provide that the
penalty which may be imposed against a defendant for conviction
of a criminal offense may be imposed against the defendant in any
subsequent trial in which the defendant is found to have
intimidated a judicial officer, juror or a witness.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.