WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
House Bill 3191
By Delegates Green, Martin, Marple, Brooks, Hott, Kelly, Funkhouser, Ward, Heckert, Browning, and Cooper
[Introduced March 06, 2025; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-5-30, relating to creating a 25-foot barrier around first responders.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 5. Crimes Against the Public Justice.
(a) As used in this section, the term:
(1) "First responder" includes a law enforcement officer, or chief executive, as defined in §30-29-1 of this code, a probation officer as described in §62-12-6 of this code, or a firefighter or emergency responder as defined in §5H-1-2 of this code.
(2) "Harass" means to willfully engage in a course of conduct directed at a first responder which intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose.
(b) It is unlawful for a person, after receiving a verbal warning not to approach from a person he or she knows or reasonably should know is a first responder, who is engaged in the lawful performance of a legal duty, to knowingly and willfully violate such warning and approach or remain within 25 feet of the first responder with the intent to:
(1) Impede or interfere with the first responder’s ability to perform such duty;
(2) Threaten the first responder with physical harm; or
(3) Harass the first responder.
(c) A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined in jail not more than one year, or both fined and confined.
NOTE: The purpose of this bill is to create a 25-foot barrier around first responders.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.