H. B. 2702


(By Delegate Beane)
[Introduced February 24, 1995; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section seventeen, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that fleeing from a law-enforcement officer after committing a felony is a felony; that fleeing from a law-enforcement officer after committing a misdemeanor is a misdemeanor; and providing for penalties.

Be it enacted by the Legislature of West Virginia:
That section seventeen, 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.

§61-5-17. Obstructing officer; fleeing from officer; penalty.

(a) Any person who by threats, menaces, acts or otherwise, shall forcibly or illegally hinder, obstruct, or oppose, or attempt to obstruct or oppose, or shall counsel, advise or invite others to hinder, obstruct or oppose any officer in this state (whether civil or military) in the lawful exercise or discharge of his official duty, shall, for every such offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned not exceeding one year.
(b) If any person, after having committed a felony, flees or attempts to flee from a law enforcement officer (whether civil or military) lawfully attempting to apprehend the person for having committed the felony, he or she shall be guilty of a felony, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, and shall be confined in the penitentiary not less than one nor more than five years. If any person, after having committed a misdemeanor, shall flee or attempt to flee from a law enforcement officer (whether civil or military) lawfully attempting to apprehend the person for having committed the misdemeanor, he or she shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned not exceeding one year.

NOTE: The purpose of this bill is to provide that anyone fleeing from a law enforcement officer, after committing a felony, is guilty of a felony and anyone fleeing from a law enforcement officer after committing a misdemeanor is guilty of a misdemeanor.

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