SB347 HFA Guthrie 3-11 #1

            Delegate Guthrie moves to amend Committee Substitute for SB 347 on page nineteen, line seven, following the chapter heading, by inserting a new section to read as follows:

ARTICLE 6. CRIMES AGAINST THE PEACE

§61-4-19. Willful disruption of governmental processes; offenses occurring at state capitol complex; penalties.

            (a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division, agency or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned: Provided, That any assembly in a peaceable, lawful and orderly manner for a redress of grievances shall not be a violation of this section.

            (b) Except as permitted herein, it is unlawful for any person to bring upon the state capitol complex any weapon as defined by the provisions of section two, article seven of this chapter: Provided, however, That this prohibition shall not apply to: (i) any law-enforcement officer acting in his or her official capacity; or (ii) any person who is not prohibited from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law. Pursuant to this subsection (b)(i), officers may possess and bring firearms upon the state capitol complex and within the buildings and parking facilities located thereon, excepting the Governor’s Residence and the offices and facilities occupied by the West Virginia Supreme Court of Appeals. Pursuant to this subsection (b)(ii), any person lawfully possessing a firearm, including a pistol or revolver, for purposes of self-defense, may possess and bring a pistol or revolver upon the state capitol complex and within the buildings and parking facilities located thereon, excepting the Governor’s Residence, the offices and other facilities occupied by the West Virginia Supreme Court of Appeals, and any office or facility within a building during times and to the extent an office or facility is closed to the public. It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork or adornment in the state capitol complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair or elevator in the state capitol complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided, That in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd, if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: Provided, however, That this subsection shall not apply to a law enforcement officer acting in his or her official capacity.

            Any person who violates any provision of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars or confined in the county or regional jail not more than six months, or both.