WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4938
By Delegate Ridenour [Introduced January 19, 2024; Referred to the Committee on the Judiciary]
 Intr HB 2024R2957
1 A BILL to amend and reenact §61-5A-9 of the Code of West Virginia, 1931, as amended, relating
2 to increasing the penalties for bribery and corrupt practices; and disqualification to hold
3 office.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5A. BRIBERY AND CORRUPT PRACTICES.
§61-5A-9. Penalties; disqualification to hold office; statute of limitations for misdemeanor offenses.
1 (a) Any person who violates any of the provisions of §61-5A-3 of this code shall be is guilty
2 of a felony, and, upon conviction thereof, shall be punished, if an individual, by imprisonment in the
3 penitentiary not less than one nor more than ten years, and, if a corporation, by a fine of not
4 exceeding $50,000 fined not more than three times the amount of the bribe, or $250,000,
5 whichever is greater and imprisoned in a state correctional facility not less than three nor more
6 than 10 years. Any person convicted of violating any of the provisions of §61-5-3 of this code shall
7 also be forever disqualified from holding any office or position of honor, trust or profit of
8 government in this state.
9 (b) Any person who violates any of the provisions of §61-5A-4 of this code shall be is guilty
10 of a misdemeanor felony, and, upon, conviction thereof, shall be punished by confinement in jail
11 not less than three months nor more than one year or by a fine of not exceeding $5,000 or, in the
12 discretion of the court, by both such confinement and fine fined not exceeding the amount of the
13 bribe or $105,000, whichever is greater, and imprisoned in a state correctional facility not less than
14 one year nor more than three years. Any person convicted of violating any of the provisions of §61-
15 5-3 of this code shall also be forever disqualified from holding any office or position of honor, trust
16 or profit of government in this state.
17 (c) Any person who violates any of the provisions of §61-5A-f of this code shall be is guilty
18 of a misdemeanor felony, and, upon conviction thereof, shall be punished by confinement in jail
19 not less than three months nor more than one year or by a fine of not exceeding $5,000 or, in the
1
 Intr HB 2024R2957
20 discretion of the court, by both such confinement and fine, unless such person threatened to
21 commit a crime or made a threat with the purpose to influence an administrative or judicial
22 proceeding, in which event, he shall, upon conviction thereof, be guilty of a felony and, shall be
23 punished as specified in subsection (a) of this section for a violation of any of the provisions of
24 section three of this article fined not exceeding the amount of the bribe or $10,000, whichever is
25 greater, and imprisoned in a state correctional facility not less than one year nor more than three
26 years. Any person convicted of violating any of the provisions of §61-5-3 of this code shall also be
27 forever disqualified from holding any office or position of honor, trust or profit of government in this
28 state.
29 (d) Any person who violates any of the provisions of section six or section seven of this
30 article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by
31 confinement in jail not less than three months nor more than one year or by a fine of not less than
32 $50 nor more than $1,000 or, in the discretion of the court, by both such confinement and fine.
33 (e) Notwithstanding the provisions of section nine, article eleven of this chapter or any
34 other provision of law to the contrary, a prosecution for a misdemeanor under the provisions of this
35 article shall be commenced within six years after the offense was committed
36 (d) Nothing in this article may be construed or applied in a manner that violates or conflicts
37 with superseding federal law.
NOTE: The purpose of this bill is to increase the penalties for bribery and corrupt practices and disqualification to hold office.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
2


Statutes affected:
Introduced Version: 61-5A-9