West Virginia 2023 Regular Session

West Virginia Senate Bill SB540

Introduced
2/1/23  
Refer
2/1/23  
Engrossed
3/1/23  
Refer
3/2/23  

Caption

Creating misdemeanor offense of willfully urinating or defecating in public

Impact

The bill, if enacted, would amend the Code of West Virginia by introducing specific legal ramifications for public urination and defecation. This modification is expected to empower law enforcement with the ability to cite individuals for these offenses, thereby formally recognizing the conduct as unacceptable within the state's legal framework. The introduction of criminal penalties aims to deter such behavior and maintain a level of decorum expected in public settings.

Summary

Senate Bill 540 aims to create a misdemeanor offense in West Virginia for individuals who willfully urinate or defecate in public places, except for designated public restrooms. The bill is designed to address public decency issues by defining the act as a misdemeanor punishable by up to 90 days in jail, a fine not exceeding $500, or both. This legislation reflects an intent to maintain public order and promote cleanliness in community spaces, enhancing overall public health standards.

Sentiment

Overall, the sentiment surrounding SB540 appears to be supportive among legislators who emphasize the importance of maintaining public spaces that are clean and respectable. The bill unanimously passed in the Senate, indicating a general consensus on the necessity of regulating such behaviors. However, there may be concerns from civil liberties advocates regarding the potential overreach of such legislation and its implications for personal freedoms.

Contention

Despite the unanimous support, some points of contention may arise, particularly relating to enforcement and the adequacy of existing resources for addressing public health issues. Critics might argue that individuals facing public health challenges, such as homelessness, could be disproportionately affected by this law. Moreover, the vague language surrounding what constitutes 'willfully' engaging in such acts could lead to subjective interpretations, raising questions about fair enforcement.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3087

Relating to prohibiting urination or defecation in certain public places; creating a criminal offense.

WV S0545

Provides for tiered and reduced penalties for offenses of larceny, and shoplifting. Further provides that offenses of shoplifting or larceny would not be misdemeanors, repeals habitual offender provisions and other fraudulent offenses.

WV SB630

Creating offense of knowingly and willfully obstructing social service worker

WV HB4401

Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property

WV HB2358

Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property

WV HB4246

Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property

WV SB1834

Trespass; modifying elements of certain felony and misdemeanor offenses. Effective date.

WV SB1223

Offenses and penalties; creating misdemeanor for improper use of service animal; stating penalty; modifying penalties for various offenses. Effective date.

WV SB227

Misdemeanor sexual offenses where the victim is a minor; statute of limitations, penalty.

WV HB4846

Relating to flying under the influence and other aviation offenses

Similar Bills

No similar bills found.