HB 5198
Relating to crimes against the intellectually disabled
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to increase the penalties for crimes committed against individuals with a mental disability. Specifically, it enhances the potential fines and imprisonment for offenses involving intimidation, injury, or interference with a person’s rights due to their mental disability. The bill also considers the victim’s disability as a factor when sentencing and clarifies that self-defense techniques can still be taught. Finally, it defines ‘mental disability’ using the definition from the Americans with Disabilities Act.
Key provisions
- Increases fines for crimes against individuals with a mental disability to a maximum of $5,000.
- Increases potential imprisonment for such crimes to a maximum of ten years.
- Considers the victim’s mental disability as a factor in sentencing.
- Clarifies that teaching self-defense techniques is not unlawful.
- Defines ‘mental disability’ using the Americans with Disabilities Act definition.
Who is affected
- Individuals with mental disabilities
- Victims of crimes involving individuals with mental disabilities
- Criminal justice system
- Law enforcement
- Judiciary
Notable changes
- Enhances penalties for crimes based on a victim’s mental disability.
- Incorporates the definition of ‘mental disability’ from the Americans with Disabilities Act.
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