West Virginia 2022 Regular Session

West Virginia House Bill HB4403

Introduced
1/26/22  

Caption

Relating to the criminal offense of desecration of graves and vandalizing cemeteries

Impact

The bill will have significant implications for state laws concerning the treatment of human remains and cemetery property. It establishes clearer definitions of offenses related to grave desecration and vandalism, thus enhancing legal accountability. By introducing stricter penalties, including community service requirements and fines, the bill aims to deter individuals from committing these offenses and underscores the importance of respecting burial sites. As a result, it could lead to improved conditions in cemeteries and promote a sense of community responsibility in preserving these spaces.

Summary

House Bill 4403 is a legislative proposal aimed at addressing the criminal offenses associated with the desecration of graves and the vandalization of cemeteries. This bill seeks to amend the existing laws under the Code of West Virginia relating to such offenses. It specifically outlines penalties for individuals who unlawfully disinter or disrespect human remains or cemetery property. The key aspect of this bill is its stipulation that those convicted of these offenses are required to perform 250 hours of community service in maintenance and improvement efforts for the affected cemetery.

Sentiment

The sentiment surrounding HB 4403 appears to be predominantly supportive, with a general consensus about the importance of protecting cemeteries and respecting the deceased. Advocates for the bill emphasize the necessity of maintaining the sanctity of such places, reflecting societal values regarding memorialization and respect for ancestors. However, there may be concerns regarding the practical implications of enforcing community service requirements, and the effectiveness of the legal penalties imposed may invite debate during discussions in legislative sessions.

Contention

Notable points of contention regarding this bill may arise from discussions about the appropriate severity of penalties for such offenses. Some may argue that the community service requirement is insufficient for severe violations, advocating for harsher punishments such as increased prison sentences for felony offenses. Conversely, others might contend that the bill represents a necessary balance between punitive measures and restorative justice through community service. The discourse surrounding the bill reflects broader themes of respect for heritage, community engagement, and the criminal justice process.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2280

Relating to the criminal offense of desecration of graves and vandalizing cemeteries

WV HB2192

Relating To Cemeteries.

WV SB2850

Relating To Cemeteries.

WV HB3265

Relating to cemeteries.

WV SB1630

Relating to cemeteries.

WV SB616

Criminal Law – Human Remains, Pet Remains, and Cemeteries – Prohibitions

WV HB1000

Criminal Law - Human Remains, Pet Remains, and Cemeteries - Prohibitions

WV A772

Elevates the degree of desecration offense based upon the pecuniary loss; adds desecration to bias intimidation statute.

WV SB7

Creating crime of desecration of deceased human body

WV SB146

Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide

Similar Bills

VA HB809

Historical African American cemeteries and graves; Isle of Wight, Prince George, and Surry Counties.

VA SB23

Historical African American cemeteries and graves; qualified organization, eligibility for funding.

VA HB727

Historical African American cemeteries and graves; qualified organization, eligibility for funding.

VA SB76

Historical African American cemeteries and graves; qualified organization.

VA HB140

Historical African American cemeteries; changes date of establishment for qualification of funds.

VA SB477

Historical African American cemeteries; changes date of establishment for qualification of funds.

VA SB1062

African American cemeteries and graves; appropriations by DHR.

VA HB2244

African American cemeteries and graves; appropriations DHR.