WEST virginia legislature

2026 regular session

Committee Substitute

for

Senate Bill 4

By Senators Oliverio, Deeds, Woelfel, Thorne, Takubo, Willis, and Woodrum

[Reported January 23, 2026, from the Committee on the Judiciary]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-5-30, relating to crimes against the public justice; defining terms; creating a barrier around first responders; and creating criminal penalties.

Be it enacted by the Legislature of West Virginia:

 

ARTICLE 5. Crimes Against the Public Justice.

§61-5-30. Bystanders shall stand 30 feet back from first responders engaged in the lawful performance of their duties.

(a) As used in this section, the term:

"First responder" includes a law-enforcement officer as defined in §30-29-1 of this code, a probation officer as described in §62-12-6 of this code, or a firefighter or emergency responder as defined in §5H-1-2 of this code.

"Harass" means to willfully engage in a course of conduct directed at a first responder which intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose.

(b) It is unlawful for a person, after receiving a verbal warning to not approach from a person he or she knows or reasonably should know is a first responder, who is engaged in the lawful performance of a legal duty, to knowingly and willfully violate such warning and approach or remain within 30 feet of the first responder acting in a way to:

(1) Impede or interfere with the first responder's ability to perform such duty;

(2) Threaten or menace the first responder with physical harm; or

(3) Harass the first responder.

(c) A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined in jail not more than one year, or both fined and confined.