Bill Text: WV SB242 | 2015 | Regular Session | Enrolled

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Bill Title: Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness

Spectrum: Bipartisan Bill

Status: (Passed) 2015-04-15 - Chapter 195, Acts, Regular Session, 2015 [SB242 Detail]

Download: West_Virginia-2015-SB242-Enrolled.html

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ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 242

(By Senators Cole (Mr. President) and Kessler,

By Request of the Executive)

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[Passed March 14, 2015; in effect ninety days from passage.]

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AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to creating new offense of disseminating false, misleading or deceptive information during a declared state of emergency or state of preparedness; establishing elements of the offense; providing each call constitutes a separate offense; and establishing penalties.

Be it enacted by the Legislature of West Virginia:

            That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-5-19b, to read as follows:

ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

§15-5-19b. Criminal penalties for using automated telephone calls to disseminate false, misleading or deceptive information regarding matters effecting or effected by a proclaimed state of emergency or state of preparedness.

            (a) Any person or entity who, during a state of emergency or state of preparedness declared pursuant to the provisions of section six of this article: (1) Knowingly and willfully disseminates false, misleading or deceptive information regarding matters effecting or effected by the declaration; and (2) by means of an automated telephone call or calling device, including, but not limited to, technology designed to disseminate a previously recorded message shall be guilty of a misdemeanor and, upon conviction thereof, be confined in jail for not more than one year or fined not more than $5,000, or both.

            (b) For purposes of this section each call made shall constitute a separate violation of this section.