This bill seeks to amend the Code of West Virginia by introducing two new sections, 61-5-17b and 61-5-30, which address issues related to reasonable suspicion of criminal activity. Section 61-5-17b makes it unlawful for individuals who are arrested or lawfully detained to provide false names or fail to identify themselves to law enforcement. Violators of this section may face misdemeanor charges, with potential jail time of up to one year, or felony charges if their actions adversely affect another person, leading to imprisonment of up to five years. The section also allows for restitution and court orders to correct public records affected by the unlawful use of identification.

Section 61-5-30 establishes penalties for loitering or prowling under circumstances that raise reasonable alarm for public safety. It outlines that law enforcement officers must provide individuals an opportunity to explain their presence before making an arrest, unless circumstances make this impractical. A violation of this section is classified as a misdemeanor, punishable by up to 60 days in jail. Overall, the bill aims to enhance public safety by imposing stricter penalties for providing false identification and for loitering or prowling in suspicious circumstances.

Statutes affected:
Introduced Version: 61-5-17b, 61-5-30