Bill Text: WV SB434 | 2024 | Regular Session | Introduced
Bill Title: Relating to panhandling
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-12 - To Judiciary [SB434 Detail]
Download: West_Virginia-2024-SB434-Introduced.html
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
Senate Bill 434
By Senator Woodrum
[Introduced January 12, 2024; referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-15, relating to crimes against the peace; prohibiting aggressive panhandling; definitions; misdemeanor offense with penalties; and authorizing law-enforcement officers to interview individuals who are engaged in street begging or panhandling to ascertain whether these individuals are victims of human trafficking and are forced into labor.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-15. Aggressive panhandling or street begging prohibited; definitions; misdemeanor offense; penalty.
(a) For the purposes of this section:
"Aggressive panhandling" is defined as solicitation made in person for an immediate donation of money or other gratuity, which may be done by vocal appeal (asking, requesting, coercing, sympathy appeals, harassment, threats, or demands) or by nonvocal appeal (usage of signs or other signals gestures, postures, children, animals, or props such as toys and musical instruments). It is considered aggressive if it involves: (1) Intentionally touching the person being solicited without the person’s consent; (2) Intentionally obstructing the path of the person, or of the vehicle of the person, being solicited; (3) Soliciting coercively, with actual or implied threats, or menacing actions; or (4) Engaging in any conduct with the intention of intimidating another person into giving away money or goods.
(b) No person may panhandle in an aggressive manner in any public place. Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.
(c) This section shall be enforced by all law enforcement officers within their respective jurisdictions.
(d) Law enforcement officers may conduct interviews with individuals who are engaged in street begging or panhandling. The purpose of these interviews is to ascertain whether these individuals are victims of human trafficking and are forced into labor.
NOTE: The purpose of this bill is to prohibit aggressive panhandling and create a misdemeanor offense with penalties. The bill authorizes law enforcement officers to individuals who are engaged in street begging or panhandling to ascertain whether these individuals are victims of human trafficking and are forced into labor.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
