Bill Text: WV SB230 | 2021 | Regular Session | Introduced
Bill Title: Prohibiting civil rights violations
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2021-02-11 - To Judiciary [SB230 Detail]
Download: West_Virginia-2021-SB230-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 230
By Senators Baldwin, Beach, Caputo, Ihlenfeld, Jeffries, Lindsay, Plymale, Romano, Stollings, Unger, and Woelfel
[Introduced February 11,
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 prohibiting civil rights violations based on gender identity or sexual orientation; criminal penalties; when evidence of constitutionally protected speech or associations is not admissible in criminal prosecutions; exceptions; and providing for sentencing alternatives for persons convicted of violations.
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; when evidence not admissible; sentencing alternatives.
(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.
(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 and the other person was intentionally selected due to their
actual or perceived race, color, religion, ancestry, national origin,
political affiliation or sex, or sexual orientation, he or she shall
be is guilty of a felony and, upon conviction, shall be fined not
more than $5,000 or imprisoned confined in a state correctional
facility not more than 10 years, or both fined and confined: Provided,
That an adjudication under subsection (h) of this section is an appropriate
alternative sentencing.
(c) If any person conspires
with another person or persons to, by force or threat of force,
willfully injure, oppress, threaten, or intimidate or interfere with any
citizen because of such other intentionally selected due to that
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 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 is guilty of a
felony and, upon conviction, shall be fined not more than $5,000 imprisoned
or confined in a state correctional facility not more than 10 years, or
both fined and confined: Provided, That an adjudication under
subsection (h) of this section is an appropriate alternative sentencing.
(d) The fact that a person
committed a felony or misdemeanor, or attempted to commit a felony, because
of the and intentionally selected the victim due to the victim’s actual
or perceived 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.
(g) In any prosecution under this section, evidence of constitutionally protected speech or associations is not admissible in the prosecution of the charge, unless the speech or associations are:
(1) Specifically related to the crime charged; and
(2) Probative of intent to target a specific victim or to commit a specific crime, as defined in subsections (a), (b), (c), and (d) of this section.
(h) A person convicted under this section shall be considered for deferred adjudication under §61-11-22a of this code, and alternative sentencing including, but not limited to, community corrections programming under §62-11C-1 et seq. of this code.
(i) The judge or magistrate shall determine if alternative sentencing is appropriate by considering the following factors:
(1) Whether appropriate community corrections programs exist in the county or municipality with jurisdiction; and
(2) Whether a community corrections program provides an opportunity for the harm to be remediated, or for the convicted to be reintegrated into the community.
NOTE: The purpose of this bill is to prohibit civil rights violations based on sexual orientation. The bill provides that evidence of constitutionally protected speech or associations is not admissible in criminal prosecutions except in certain situations. The bill provides for sentencing alternatives for persons convicted of violations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
