FLOOR BOOK MEMORANDUM            House Committee on the Judiciary

            H.B. 2607                                                       

Prepared by: Devon Lopez

            (2/15/2015)                                                     Phone: 304-340-3256

                                                                                    email: devon.lopez@wvhouse.gov

______________________________________________________________________________

SPONSORS: Delegates Sponaugle and Shott

TITLE: Relating to the violation of interfering with emergency services communications and clarifying penalties under subdivision (n) of this section for the violation.

DATE INTRODUCED: February 4, 2015; referred to the Committee on the Judiciary

CODE SECTIONS AFFECTED: W.Va. Code §61-5-17.

IDENTICAL/SIMILAR BILLS: None

CHAIRMAN’S SUMMARY: This bill amends West Virginia Code § 61-5-17 by correcting potentially conflicting language relating to the possible penalties for violators under article 5 "CRIMES AGAINST PUBLIC JUSTICE."

FULL ANALYSIS:

I.         EXISTING LAW:

W.Va. Code § 61-5-17 relates to penalties incurred from obstructing, fleeing from, and making false statements to officers. Concurrently, interfering with emergency communications; penalties; definitions.

These penalties include obstructing an officer, fleeing from an officer, making false statements to an officer, and interfering with emergency communications. The penalties incorrectly use the conjunction "and" along with "or both" when listing penalties. This bill changes the "and" to "or"consistent with statutory drafting. The first correction can be found under subsection (d) by inserting fined and confined on line 21 after the word "or both." Additionally on line12 of subdivision (4), the bill strikes out the term "and" and inserts or, and also inserts fined and confined on line 13 after the word "both." The same corrections apply to subdivisions (5) on lines 16 and 17, and (6) on line 20.

II.       THE COMMITTEE SUBSTITUTE: N/A

III. COMMITTEE AMENDMENTS TO THE COMM. SUB.: 

IV. SECTION DIRECTORY: §61-5-17

V. FISCAL ANALYSIS: There is not a Fiscal Note because no fiscal impact has been identified.

VI. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified

            B. GOVERNMENT AGENCIES AFFECTED: No agencies affected.

            C. RULE MAKING AUTHORITY: None.

            D. COMMITTEE REFERENCE: No second reference.

            E. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

            F. DRAFTING ISSUES OR OTHER COMMENTS: None.

            G. EFFECTIVE DATE: 90 days from passage.