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 law enforcement interactions with individuals who are lawfully detained. Section 61-5-17b makes it unlawful for a person who has been arrested or detained to provide a false name or fail to identify themselves, establishing penalties for such actions. A misdemeanor charge is applicable for general violations, while a felony charge is imposed if the false identification adversely affects another person. The section also allows for court-ordered restitution and the correction of public records related to false identification.

Section 61-5-30 addresses loitering and prowling, making it illegal for individuals to engage in such behavior under circumstances that could cause reasonable alarm for safety. The section outlines that law enforcement must provide an opportunity for individuals to explain their presence before making an arrest, and it stipulates that a conviction cannot occur if the explanation is truthful and would have alleviated concerns. Violations of this section are classified as misdemeanors, with a maximum jail sentence of 60 days. Overall, the bill aims to enhance public safety and accountability in law enforcement interactions.

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