WEST virginia legislature
2021 regular session
Introduced
House Bill 2655
By Delegates Walker, Skaff, Zukoff, Hansen
[Introduced February 23, 2021; Referred to the Committee on the Judiciary then Finance]
A BILL to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, to provide civil rights protections to certain individuals.
Be it enacted by the Legislature of West Virginia:
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, perceived or actual sexual
orientation, gender identity, or disabilities.
(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, perceived or actual sexual orientation, gender
identity, or disabilities, he or she shall be guilty of a felony and, upon
conviction, shall be fined not more than $5,000 or imprisoned not more than 10
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,
perceived or actual sexual orientation, gender identity, or disabilities,
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 willfull 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, upon conviction, shall be fined not more than $5,000 or imprisoned not
more than 10 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, perceived or actual sexual orientation, gender
identity, or disabilities, 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 expand felony hate crime protections to individuals on the basis of perceived or actual sexual orientation, gender identity, or disabilities.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.