WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 3132

By Delegates Ridenour, Foster, Kirby, Steele, Kimble, Honaker, Hillenbrand, Martin, Phillips, Kump, and Zatezalo

[Introduced January 30, 2023; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §61-5A-9 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for bribery and corrupt practices; and disqualification to hold office.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5A. BRIBERY AND CORRUPT PRACTICES.

§61-5A-9. Penalties; disqualification to hold office; statute of limitations for misdemeanor offenses.

(a) Any person who violates any of the provisions of §61-5A-3 of this code shall be is guilty of a felony, and, upon conviction thereof, shall be punished, if an individual, by imprisonment in the penitentiary not less than one nor more than ten years, and, if a corporation, by a fine of not exceeding $50,000 fined not more than three times the amount of the bribe, or $250,000, whichever is greater and imprisoned in a state correctional facility not less than three nor more than 10 years. Any person convicted of violating any of the provisions of §61-5-3 of this code shall also be forever disqualified from holding any office or position of honor, trust or profit of government in this state.

(b) Any person who violates any of the provisions of §61-5A-4 of this code shall be is guilty of a misdemeanor felony, and, upon, conviction thereof, shall be punished by confinement in jail not less than three months nor more than one year or by a fine of not exceeding $5,000 or, in the discretion of the court, by both such confinement and fine fined not exceeding the amount of the bribe or $105,000, whichever is greater, and imprisoned in a state correctional facility not less than  one year nor more than three years. Any person convicted of violating any of the provisions of §61-5-3 of this code shall also be forever disqualified from holding any office or position of honor, trust or profit of government in this state.

(c) Any person who violates any of the provisions of §61-5A-f of this code shall be is guilty of a misdemeanor felony, and, upon conviction thereof, shall be punished by confinement in jail not less than three months nor more than one year or by a fine of not exceeding $5,000 or, in the discretion of the court, by both such confinement and fine, unless such person threatened to commit a crime or made a threat with the purpose to influence an administrative or judicial proceeding, in which event, he shall, upon conviction thereof, be guilty of a felony and, shall be punished as specified in subsection (a) of this section for a violation of any of the provisions of section three of this article. fined not exceeding the amount of the bribe or $10,000, whichever is greater, and imprisoned in a state correctional facility not less than one year nor more than three years. Any person convicted of violating any of the provisions of §61-5-3 of this code shall also be forever disqualified from holding any office or position of honor, trust or profit of government in this state.

(d) Any person who violates any of the provisions of section six or section seven of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by confinement in jail not less than three months nor more than one year or by a fine of not less than $50 nor more than $1,000 or, in the discretion of the court, by both such confinement and fine.

(e) Notwithstanding the provisions of section nine, article eleven of this chapter or any other provision of law to the contrary, a prosecution for a misdemeanor under the provisions of this article shall be commenced within six years after the offense was committed

(d) Nothing in this article may be construed or applied in a manner that violates or conflicts with superseding federal law.

NOTE: The purpose of this bill is to increase the penalties for bribery and corrupt practices and disqualification to hold office.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.