H. B.3213
(By Delegates Delong, Craig, Amores)
[Introduced March 24, 2005; referred to the
Committee on the Judiciary.]
A Bill to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-16a
relating to
creating the crimes of Malicious assault; unlawful assault;
battery and recidivism of battery; assault on a driver,
conductor
, motorman, captain or other person in charge of any
vehicle
used for public conveyance
; and providing 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 §61-2-16a
, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-16a. Malicious assault; unlawful assault; battery and
recidivism of battery; assault on a driver,
conductor
, motorman, captain or other person in
charge of any vehicle
used for public conveyance
.
(a) Malicious assault. -- Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill any driver, conductor
,
motorman, captain or other person in charge of any vehicle or boat,
driven by steam, electricity, gasoline or other motive
power and
used for public conveyance acting in his or her official capacity
and the person committing the malicious assault knows or has reason
to know that the victim is a driver, conductor, motorman, captain
or other person in charge of any vehicle or boat
used as a public
conveyance, acting in his or her official capacity, is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than three nor more than fifteen
years.
(b) Unlawful assault. -- Any person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes
any driver, conductor, motorman, captain or other person in charge
of any vehicle or boat, driven by steam, electricity, gasoline or
other motive power and used for public conveyance
acting in his or
her official capacity, bodily injury with intent to maim,
disfigure, disable or kill him or her and the person committing the
unlawful assault knows or has reason to know that the victim is a
driver, conductor, motorman, captain or other person in charge of
any vehicle or boat
used as a public conveyance
, acting in his or
her official capacity, is guilty of a felony and, upon conviction
thereof, shall be confined in a correctional facility for not less
than two nor more than five years.
(c) Battery. -- Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking
nature with a driver, conductor, motorman, captain or other person
in charge of any vehicle or boat, driven by steam, electricity,
gasoline or other motive power and used for public conveyance
,
acting in his or her official capacity, or unlawfully and
intentionally causes physical harm to a driver, conductor,
motorman, captain or other person in charge of any vehicle or boat,
driven by steam, electricity, gasoline or other motive power and
used for public conveyance
, in such capacity, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county or regional jail for not less than one month nor more than
twelve months, fined the sum of five hundred dollars, or both. If
any person commits a second such offense, he or she is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than one year nor more than
three years or fined the sum of one thousand dollars or both fined
and confined. Any person who commits a third violation of this
subsection is guilty of a felony and, upon conviction thereof,
shall be confined in a correctional facility not less than two
years nor more than five years or fined not more than two thousand
dollars or both fined and confined.
(d) Assault. -- Any person who unlawfully attempts to commit
a violent injury to the person of a driver, conductor, motorman,
captain or other person in charge of any vehicle or boat, driven by
steam, electricity, gasoline or other motive power and used for
public conveyance
, acting in his or her official capacity, or unlawfully commits an act which places a driver, conductor,
motorman, captain or other person in charge of any vehicle or boat,
driven by steam, electricity, gasoline or other motive power and
used for public conveyance
, acting in his or her official capacity,
in reasonable apprehension of immediately receiving a violent
injury, is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in the county or regional jail for not less than
twenty-four hours nor more than six months, fined not more than two
hundred dollars, or both fined and confined.
Note: The purpose of this bill is to create the offenses of
Malicious assault; unlawful assault; battery and recidivism of
battery; assault on a driver, conductor
, motorman, captain or other
person in charge of any vehicle
used for public conveyance and
provide their penalties.
This section is new therefore there is no underscoring.