Text of WV HB 2042 (2004)

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NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 2042 History | Email Key: Green = existing Code. Red = new code to be enacted H. B. 2042 (By Delegates Fleischauer, Doyle and Brown) [Introduced January 8, 2003; referred to the Committee on the Judiciary.] A BILL to amend and reenact section twenty-one, article six, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting violations of an individual's civil rights because of disability or sexual orientation. Be it enacted by the Legislature of West Virginia: That section twenty-one, article six, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows: 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, disability, or sex or sexual orientation. The term sexual orientation is defined as disclosed or perceived male or female homosexuality, heterosexuality or bisexuality by practice or identification. (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 the other person's race, color, religion, ancestry, national origin, political affiliation, disability, or sex or sexual orientation, he or she shall be is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars or imprisoned not more than ten years, or both fined and imprisoned. (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 the other person's race, color, religion, ancestry, national origin, political affiliation, disability, 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 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 the person or persons intend to employ such these techniques or means to violate this section, each such person shall be is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars or imprisoned not more than ten years, or both fined and imprisoned. (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, disability, 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 may be construed so as to make it unlawful nor to prohibit, nor, in any manner, to impede or to interfere, in any manner, with any person in conducting labor union or labor union organizing activities. NOTE: The purpose of this bill is to prohibit violations of a person's civil rights because of that person's disability or sexual orientation. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added. 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