West Virginia Legislature

2016 Regular Session

Introduced

House Bill 2122

2015 Carryover

(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 anyone to photograph a corpse except for certain legitimate purposes; and providing criminal penalties.

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; when prohibited; penalties; exceptions.

(a)(1) Except as needed for purposes of a legitimate postmortem examination, or for criminal justice purposes in the investigation of a crime, no person may photograph a corpse.

(2) A person who violates subdivision (1) 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.

(b) Subdivision (1), subsection (a) of this section does not prohibit a person from taking a photograph of a decedent=s corpse at a wake, funeral, or memorial or burial service.

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.