Senate Bill No. 478
(By Senator Grubb)
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[Introduced February 21, 1994;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section twenty-one, article six,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to violations
of an individual's civil rights.
Be it enacted by the Legislature of West Virginia:
That section twenty-one, article six, 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 6. CRIMES AGAINST THE PEACE.
§61-6-21. Prohibiting violations of an individual's civil
rights; penalties.
(a) All persons within the boundaries of the state of West
Virginia have the right to be free from any violence, or
intimidation by threat of violence, committed against their
persons or property because of their race, color, religion,
ancestry, national origin, political affiliation
, or sex
or
sexual orientation. The term sexual orientation is defined asactual or perceived male or female homosexuality, heterosexuality
or bisexuality by practice or identification.
(b) If any person does by force or threat of force,
willfully injure, intimidate or interfere with, or attempt to
injure, intimidate or interfere with, or oppress or threaten any
other person in the free exercise or enjoyment of any right or
privilege secured to him or her by the Constitution or laws of
the state of West Virginia or by the Constitution or laws of the
United States, because of such other person's race, color,
religion, ancestry, national origin, political affiliation
, or
sex
or sexual orientation, he or she shall be guilty of a felony,
and, upon conviction, shall be fined not more than five thousand
dollars or imprisoned not more than ten years, or both.
(c) If any person conspires with another person or persons
to willfully injure, oppress, threaten, or intimidate or
interfere with any citizen because of such other person's race,
color, religion, ancestry, national origin, political
affiliation
, or sex
or sexual orientation, in the free exercise
or enjoyment of any right or privilege secured to him or her by
the Constitution or laws of the state of West Virginia or by the
Constitution or laws of the United States, and in willful
furtherance thereof to assemble with one or more persons for the
purpose of teaching any technique or means capable of causing
property damage, bodily injury or death when such person or
persons intend to employ such techniques or means to violate this
section, each such person shall be guilty of a felony, and, uponconviction, shall be fined not more than five thousand dollars or
imprisoned not more than ten years, or both.
(d) The fact that a person committed a felony or
misdemeanor, or attempted to commit a felony, because of the
victim's race, color, religion, ancestry, national origin,
political affiliation
, or sex
or sexual orientation shall be
considered a circumstance in aggravation of any crime in imposing
sentence.
(e) Nothing contained in this section makes unlawful the
teaching of any technique in self-defense.
(f) Nothing in this section shall be construed so as to make
it unlawful nor to prohibit nor, in any manner, to impede or to
interfere with any person in conducting labor union or labor
union organizing activities.
NOTE: The purpose of this bill is to prohibit "hate crimes"
against an individual because of his or her sexual orientation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.