West Virginia 2023 Regular Session

West Virginia House Bill HB2280

Introduced
1/11/23  

Caption

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

Impact

If enacted, HB 2280 would impact West Virginia's criminal law significantly by enhancing penalties for desecration and vandalism of graves and cemeteries. It sets clear consequences for those engaging in such offenses, thereby potentially serving as a deterrent against future acts of vandalism. By mandating community service, the bill not only addresses punitive measures but also encourages offenders to contribute positively to the affected community, allowing for restoration and maintenance of grave sites. This approach reflects a dual aim of punishment and rehabilitation.

Summary

House Bill 2280, introduced in the West Virginia legislature, seeks to amend existing laws concerning the desecration of graves and vandalism in cemeteries. The bill establishes clear definitions of offenses related to the desecration of graves and provides specific penalties for those found guilty, including imprisonment for felonies and fines for misdemeanors. One of the significant provisions of the bill mandates that individuals convicted of such crimes must perform 250 hours of community service directed towards the cemetery affected by their actions. This legislative effort aims to introduce stricter consequences for those who violate the sanctity of burial sites within the state.

Sentiment

Overall sentiment towards HB 2280 appears to be largely supportive among lawmakers who emphasize the importance of protecting the sanctity of burial sites. Advocates for the bill argue that it reflects a necessary response to growing concerns about cemetery vandalism and dishonoring the deceased. However, there is also a segment of opposition suggesting that the bill's penalties may be too harsh for certain offenses, stressing the importance of appropriate sentencing that considers intent and circumstances.

Contention

Notable points of contention regarding HB 2280 revolve around the appropriateness of imposing mandatory community service and the severity of penalties for different degrees of desecration. Critics argue that while protecting graves is essential, imposing a 250-hour service requirement for all offenses may not account for less severe actions or accidental damage. This aspect of the bill has sparked debate about the balance between ensuring respect for burial sites and maintaining fair and just legal repercussions.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4403

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

WV HB07250

An Act Concerning Desecration Of An Abandoned Cemetery.

WV SB7

Creating crime of desecration of deceased human body

WV SB616

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

WV HB1000

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

WV SB00156

An Act Concerning The Desecration Of Property Located In A Cemetery.

WV SB01110

An Act Concerning The Desecration Of Property Located In A Cemetery.

WV SB01141

An Act Concerning The Desecration Of Property Located In A Cemetery.

WV A372

Establishes offense of criminal mischief committed on historical sites.

WV A436

Establishes offense of criminal mischief committed on historical sites.

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.