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Committee Substitute House Bill 4098 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR


H. B. 4098


(By Delegates Leach, Pino and Clements)

(Originating in the Committee on the Judiciary)


[February 13, 1998]


A BILL to amend and reenact section ten-b, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to crimes against the person; assaults and battery on enumerated persons; extending protections of section to humane officers, emergency medical technicians, firefighters, the state fire marshal and his or her employees, and state and county correctional employees.

Be it enacted by the Legislature of West Virginia:
That section ten-b, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-10b. Malicious assault; unlawful assault; battery and recidivism of battery; assault on police officers, conservation officers, humane officers, emergency medical technicians, firefighters, the state fire marshal and his or her employees, and county or state correctional officers or employees; penalties.
(a) Malicious assault. -- If any person maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee 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 police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee acting in his or her official capacity, then the offender shall be he or she is guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary imprisoned in a correctional facility for not less than three nor more than fifteen years.
(b) Unlawful assault. -- If any person unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee acting in his or her official capacity or state correctional officer or employee acting in his or her official capacity bodily injury with intent to maim, disfigure, disable or kill said officer and the person committing the unlawful assault knows or has reason to know that the victim is a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee acting in his or her official capacity, then the offender he or she is guilty of a felony and, upon conviction, shall be confined to the penitentiary for a period of imprisoned in a correctional facility for not less than two years nor more than five years.
(c) Battery. -- If any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee acting in his or her official capacity, or unlawfully and intentionally causes physical harm to a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee acting in such capacity, said person he or she is guilty of a misdemeanor and, upon conviction thereof, shall be confined to the county or regional jail for not less than one month nor more than twelve months or fined the sum of five hundred dollars or both fined and imprisoned confined. If any person commits a second such offense, then such person he or she is guilty of a felony and, upon conviction thereof, shall be confined in the state 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 imprisoned. Any person who commits a third violation of this subsection is guilty of a felony and, upon conviction, shall be confined in the state imprisoned 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 imprisoned.
(d) Assault. -- If any person unlawfully attempts to commit a violent injury to the person of a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee, acting in his or her official capacity, or unlawfully commits an act which places a police officer, conservation officer, humane officer, emergency medical technician, firefighter, state fire marshal or employee, county correctional officer or employee or state correctional officer or employee acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, he or she shall be is guilty of a misdemeanor and, upon conviction, shall be confined in the county or regional jail for not less than twenty-four hours nor more than six months, or fined not more than two hundred dollars, or both such fine and imprisonment.
(e) Police officer defined. -- As used in this section, a police officer means any officer employed by the division of public safety state police, any county law-enforcement agency, any officer employed by the state to perform law-enforcement duties or any police officer employed by any city or municipality who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this state.


NOTE: The purpose of this bill is to extend the protections against assault provided by this section to state and county correctional employees, humane officers, emergency medical technicians and firefighters and the state fire marshal and his or her employees, in addition to state and county correctional officers.

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

This bill is recommended for passage in the 1998 session by the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority.
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