Bill Text: WV SB397 | 2018 | Regular Session | Enrolled

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Bill Title: Creating crime of impersonating blind or disabled person

Spectrum: Bipartisan Bill

Status: (Passed) 2018-04-23 - Chapter 58, Acts, Regular Session, 2018 [SB397 Detail]

Download: West_Virginia-2018-SB397-Enrolled.html

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WEST virginia legislature

2018 regular session

Enrolled

Committee Substitute

for

Senate Bill 397

Senators Sypolt, Facemire, Romano, and Cline, original sponsors

[Passed March 5, 2018; in effect 90 days from passage]

 

 

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-15-9, relating to making it a misdemeanor to impersonate a person who is blind or disabled; making it a misdemeanor for a person to fraudulently represent himself or herself to be the owner or trainer of a service animal; and establishing penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 15. WHITE CANE LAW.

§5-15-9. Fraudulent representation; penalties.

(a) Any person who falsely represents to another that he or she is a person who is blind or a person with a disability with the intent to obtain any right or privilege protected by the provisions of §5-15-4 of this code is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $200 or confined in jail for not more than 10 days, or both fined and confined.

(b) Any person who falsely represents that an animal is a service animal in order to obtain any right or privilege protected by the provisions of §5-15-4 of this code is guilty of a misdemeanor and, upon conviction, shall be fined not more than $200 or confined in jail for not more than 10 days, or both fined and confined.

(c) Notwithstanding the penalty provisions of §5-15-9(a) or §5-15-9(b) of this code, any person convicted of a second or subsequent violation of §5-15-9(a) or §5-15-9(b) of this code shall be fined not more than $1,000 or confined in jail for not more than 30 days, or both fined and confined.

(d) A right or privilege protected by the provisions of §5-15-4 of this code includes but is not limited to use of a service animal for assistance purposes.