ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 457
(Senators D. Facemire, Foster and Kessler, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to repeal §61-1-6 of the Code of West Virginia, 1931, as
amended; to repeal §61-2-17, §61-2-18, §61-2-19, §61-2-20,
§61-2-21, §61-2-22, §61-2-23, §61-2-24 and §61-2-25 of said
code; to repeal §61-6-16 of said code; to repeal §61-8-3, §61-
8-4 and §61-8-15 of said code; to repeal §61-10-18, §61-10-25,
§61-10-26, §61-10-27, §61-10-28 and §61-10-29 of said code;
and to amend and reenact §61-1-7 of said code, repealing
outmoded criminal sections of the code relating generally to
the display of a red or black flag and the accompanying
penalty; keeping doors of vehicles for hire locked while in
motion; dueling; wearing hats in theaters; adultery and lewd
cohabitation; conducting bucket shops; public swearing and
drunkenness; engaging in certain work, labor or business
activities on Sunday; and clarifying the penalty provision for
unlawful speeches, publications and communications.
Be it enacted by the Legislature of West Virginia:
That §61-1-6 of the Code of West Virginia, 1931, as amended be repealed; that §61-2-17, §61-2-18, §61-2-19, §61-2-20, §61-2-21,
§61-2-22, §61-2-23, §61-2-24 and §61-2-25 of said code be repealed;
that §61-6-16 of said code be repealed; that §61-8-3, §61-8-4 and
§61-8-15 of said code be repealed; that §61-10-18, §61-10-25, §61-
10-26, §61-10-27, §61-10-28 and §61-10-29 be repealed; and that
§61-1-7 of said code be amended and reenacted to read as follows:
ARTICLE 1. CRIMES AGAINST THE GOVERNMENT.
§61-1-7. Penalty for unlawful speeches, publications and
communications.
Any person violating any of the provisions of section five of
this article, shall, for the first offense, be guilty of a
misdemeanor, and, upon conviction, shall be fined not less than
$100 nor more than $500, or, in the discretion of the court, be
confined in jail not exceeding twelve months, or both; and, for the
second offense, shall be guilty of a felony, and, upon conviction
shall be confined in a state correctional facility not less than
one nor more than five years.