H. B. 2437
(By Delegates Thomas, Pettit,
Collins and Davis)
[Introduced March 6, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seventeen, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to bomb
threats.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article six, 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 6. CRIMES AGAINST THE PEACE.
§61-6-17. False reports concerning bombs or other explosive
devices; penalties.
(a) Any person who shall impart or convey or cause to be
imparted or conveyed any false information, knowing or having
reasonable cause to believe such information to be false,
concerning the presence of any bomb or other explosive device in, at, on, near, under or against any dwelling house, structure,
improvement, building, bridge, motor vehicle, vessel, boat,
railroad car, airplane or other place, or concerning an attempt
or alleged attempt being made or to be made to so place or
explode any such bomb or other explosive device, shall be guilty
of a misdemeanor felony and, upon conviction thereof, shall be
punished by a fine of not less than one hundred dollars nor more
than one thousand dollars, or by imprisonment in the state
penitentiary for not less than one year nor more than five years,
or both or, in the discretion of the court, shall be punished by
a fine of not less than one hundred dollars nor more than one
thousand dollars and or by confinement in the county jail for not
more than one year. or both
(b) Any person violating any provision of subsection (a) of
this section shall, for the second or any subsequent offense
under this section, be guilty of a felony and, upon conviction
thereof, shall be punished by a fine of not less than one hundred
dollars nor more than one thousand dollars, or by imprisonment in
the state penitentiary for not less than one year nor more than
five years, or both or, in the discretion of the court, shall be
punished by a fine of not less than one hundred dollars nor more
than one thousand dollars and by confinement in the county jail
for not more than one year.
NOTE: The purpose of this bill is to increase the penalty
for first offenders making bomb threats from a misdemeanor to a
felony.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.