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Committee Substitute House Bill 2122 History

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Key: Green = existing Code. Red = new code to be enacted

 WEST virginia legislature

2016 regular session

Committee Substitute

for

House Bill 2122

By Delegates ambler, cooper, householder, walters, r. smith, canterbury and gearheart

[Introduced January 13, 2016;referred to the Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for first responders to photograph, film, videotape, record, or otherwise reproduce in any manner the image of a corpse or person being provided medical care or assistance; defining terms; creating a criminal offense for first responders to photograph, film, videotape, record, or otherwise reproduce in any manner the image of a corpse or person being provided medical care or assistance;  creating a criminal offense for first responders to knowingly disclose any photograph, film, videotape, record, or other reproduction of the image of a corpse or person being provided medical care or assistance; providing for exceptions to the criminal offenses; providing for criminal penalties; providing for enhanced penalties for subsequent offenses; and designating as “Jonathon’s Law”.


Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-12-16, to read as follows:

ARTICLE 12.  POSTMORTEM  EXAMINATIONS.

§61-12-16.  Photography of a corpse or person being provided medical care or assistance; when prohibited; exceptions; penalties; Jonathon’s Law.


(a)(1)“First responder” means law-enforcement officers, firefighters, emergency medical

services personnel and other similar individuals authorized to respond to calls for emergency

medical assistance.

            (2) “Disclose” means to sell, manufacture, give, provide, lend, trade, mail, deliver,

transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, or otherwise

make available or make known to any third-party.

(b)(1) A first responder who is dispatched to, or is otherwise present at, a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance, shall not photograph, film, videotape, record, or otherwise reproduce in any manner, the image of a corpse or a person being provided medical care or assistance, except for a legitimate law enforcement, public safety, health care, insurance purpose or legal investigation or  legal proceeding involving an injured or deceased person or pursuant to a court order.

(2) A first responder shall not knowingly disclose any photograph, film, videotape, record, or other reproduction of the image of a corpse or a person being provided medical care or assistance at the scene of a motor vehicle accident or other emergency situation without prior written consent of the injured person, the person’s next-of-kin if the injured person cannot provide consent, or personal representative under law of a deceased person, unless that disclosure was for a legitimate law enforcement, public safety, health care, insurance purpose or legal investigation or legal proceeding involving any injured or deceased person or pursuant to a court order.

(3) A person who violates subdivision (1) or subdivision (2) of this subsection is guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $500. For a second offense the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than $100 nor more than $750. For a third or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than twenty-four hours and not more than six months, and shall be fined not less than $1,000 nor more than $5,000.

(c) This shall be known as “Jonathon’s Law”.

 

NOTE:  The purpose of this bill is to make it illegal for anyone to photograph a corpse except for certain legitimate purposes.

 

This section is new; therefore, it has been completely underscored.

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