Bill Text: WV HB2826 | 2021 | Regular Session | Introduced
Bill Title: Define hate crime and make a felony
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-02 - To House Judiciary [HB2826 Detail]
Download: West_Virginia-2021-HB2826-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2826
By Delegate Barrett
[Introduced March 02, 2021; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to providing 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 disability.
(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 disability, 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 disability,
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, 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 disability, 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 disability.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.