H.
B.
4645
(By Mr. Speaker, Mr. Chambers, and Delegates Riggs,
Burk, Douglas and Rowe)
[Introduced March 1, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine-a, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the crime of stalking generally; providing that any person who harasses another person with the intent to cause mental injury or emotional distress is guilty of a misdemeanor; and changing the definition of harrasses.
Be it enacted by the Legislature of West Virginia:
That section nine-a, 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.
§
61-2-9a. Stalking; penalties; definitions.
(a) Any person who knowingly, willfully and repeatedly follows and harasses another person and who makes a credible threat with the intent to either place that person in reasonable fear of death or serious bodily injury or to cause such person mental injury or emotional distress shall be is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county jail for not more than six months or fined not more than one thousand dollars, or both.
(b) Notwithstanding the provisions of section ten, article two-a, chapter forty-eight of this code, any person who violates the provisions of subsection (a) of this section in violation of an order entered by a circuit court, magistrate court or family law master, in effect and entered pursuant to sections thirteen or fifteen, article two, chapter forty-eight of this code or sections five or six, article two-a, chapter forty-eight shall be guilty of a misdemeanor, and, upon conviction thereof, shall be incarcerated in the county jail for not less than ninety days nor more than one year or fined not less than two thousand dollars nor more than five thousand dollars, or both.
(c) A second conviction for a violation of this section occurring within five years of a prior conviction is punishable by incarceration in the county jail for not less than ninety days nor more than one year or fined not less than two thousand dollars nor more than five thousand dollars, or both.
(d) A third or subsequent conviction for a violation of this section occurring within five years of a prior conviction is a felony punishable by incarceration in the penitentiary for not less than one year nor more than five years or fined not less than three thousand dollars nor more than ten thousand dollars, or both.
(e) Notwithstanding any provision of this code, any person against whom a permanent restraining order issued pursuant to subsection (i) of this section who is convicted of a second or subsequent violation of the provisions of this section shall be incarcerated in the county jail for not less than six months nor more than one year, or fined not less than two thousand dollars nor more than five thousand dollars, or both.
(f) For the purposes of this section:
(1) "Harasses" means knowing and willful conduct directed at a specific person which is done with the intent to cause mental injury or emotional distress or to place such person in reasonable fear of death or bodily injury.
(2) "Credible threat" means a threat made with the apparent ability to carry out the threat so as to cause the person who is the subject of the threat to be placed in reasonable apprehension of serious bodily injury. The credible threat must be against the life of or a threat to cause serious bodily injury to the subject of the threat.
(g) Nothing in this section shall be construed to prevent lawful assembly and petition for the redress of grievances, including, but not limited to, any labor dispute, demonstration at the seat of federal, state, county or municipal government, activities protected by the West Virginia constitution or the United States constitution or any statute of this state or the United States.
(h) Any person convicted under the provisions of this section who is granted probation or for whom execution or imposition of a sentence or incarceration is suspended shall have as a condition of probation or suspension of sentence that he or she participate in counseling or medical treatment as directed by the court.
(i) Upon conviction, the court may issue an order restraining the defendant from any contact with the victim for a period not to exceed ten years. The length of any restraining order shall be based upon the seriousness of the violation before the court, the probability of future violations, and the safety of the victim or his or her immediate family. The duration of the restraining order may be longer than five years only in such cases when a longer duration is necessary to protect the safety of the victim or his or her immediate family.
(j) It shall be a condition of bond for any person accused of the offense described in this section that the person shall have no contact, direct or indirect, verbal or physical, with the alleged victim.
(k) Nothing in this section shall be construed to preclude a sentencing court from exercising its power to impose home confinement with electronic monitoring as an alternative sentence.
NOTE: The purpose of this bill is amend the stalking statute to provide that any person who harrasses another person with the intent to cause mental injury or emotional distress is guilty of a misdemeanor.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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