COMMITTEE SUBSTITUTE
FOR
H. B. 2702
(By Delegate Beane)(Originating in the House Committee on the
Judiciary)
[March 4, 1995]
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 attempting to make
a lawful arrest 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 intentionally flees or attempts to flee a
law-enforcement officer who is attempting to make a lawful arrest
of such person, and the person knows or reasonably believes that
the law-enforcement officer is attempting to arrest him or her, he
or she is 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 for
a term not exceeding twelve months.