SB 585 — Relating to criminal offenses of stalking and harassment generally

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 585 By Senators Weld, Ihlenfeld, Lindsay, Woelfel, Boso, Palumbo, Romano, Plymale, Prezioso, and TarrTarr, [Introducedoriginal Februarysponsors 12,[Originating 2019;in the Committee on the Judiciary;

ReferredReported toon theFebruary Committee20, on2019] the  Judiciary]  A BILL to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating generally to defining the termcriminal “stalking”offenses asof astalking repeatedand courseharassment; of conduct;

andclarifying includingessential stalkingelements withof existingharassment; penalties.

defining terms;

and continuing criminal penalties.

crimes against the personperson. §61-2-9a.

§61-2-9a.

(a) Any person who repeatedly follows another knowing or having reason to know that the conduct causes the person followed to reasonably engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or suffer significant emotional distress, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than $1,000, or both.

(b) Any person who repeatedly harasses or repeatedly makes credible threats against another is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than $1,000, or both.

(c) Notwithstanding any provision of this code to the contrary, any person who violates the provisions of subsection (a) or (b) of this section in violation of an order entered by a circuit court, magistrate courtcourt, or family court judge, in effect and entered pursuant to §48-5-501 et, seq.,§48-5-601,  §48-5-601or et§48-27-403 seq.of this code is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county jail for not less than 90 days nor more than one year or fined not less than $2,000 nor more than $5,000, or both.

or §48-27-403 of this code is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in jail for not less than 90 days nor more than one year or fined not less than $2,000 nor more than $5,000, or both.

(e) Notwithstanding any provision of this code to the contrary, any person against whom a protective order for injunctive relief is in effect pursuant to the provisions of §48-27-501 of this code who has been served with a copy of said order or §48-5-608 of this code who is convicted of a violation of the provisions of this section shall be guilty of a felony and,and punishable by incarceration in a state correctional facility for not less than one year nor more than five years or fined not less than $3,000 nor more than $10,000, or both.

(1) “Bodily injury” means substantial physical pain, illnessillness, or any impairment of physical condition;

(2) “Course of conduct” means a pattern of conduct composed of two or more acts, evidencing a continuity of purpose.purpose;

(3) (4) “Harasses” means a willful course of conduct directed at a specific person or persons which would cause a reasonable person mental injury or emotional distressdistress; (4) (5) “Immediate family” means a spouse, parent, stepparent, mother-in-law, father-in-law, child, stepchild, sibling, or any person who regularly resides in the household or within the prior six months regularly resided in the household;

(4) (5) “Immediate family” means a spouse, parent, stepparent, mother-in-law, father-in-law, child, stepchild, sibling, or any person who regularly resides in the household or within the prior six months regularly resided in the household;

demonstration at the seat of federal, state, countycounty, or municipal government;

(l) The Governor’s Committee on Crime, DelinquencyDelinquency, and Correction, after consultation with representatives of labor, licensed domestic violence programsprograms, and rape crisis centers which meet the standards of the West Virginia Foundation for Rape Information and Services, is authorized to promulgate legislative rules and emergency rules pursuant to §29A-3-1 et seq.

  NOTE:

The purpose of this bill is to define the term stalking and include stalking within existing penalties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.