This bill aims to amend West Virginia's Code by enhancing penalties for crimes committed against individuals with a mental disability. Specifically, it modifies Section 61-6-21, which prohibits violations of civil rights, by adding "mental disability" to the list of protected categories alongside race, color, religion, ancestry, national origin, and political affiliation. The bill stipulates that any person who willfully injures, intimidates, or interferes with another individual based on these characteristics, including mental disability, will be guilty of a felony, subject to fines of up to $5,000 and imprisonment for up to ten years.

Additionally, the bill clarifies that the term "mental disability" will be defined in accordance with the Americans with Disabilities Act. It also emphasizes that the motivation behind committing a crime based on the victim's mental disability will be considered an aggravating circumstance during sentencing. The bill maintains existing provisions that protect lawful self-defense teaching and labor union activities, ensuring that the new language does not infringe upon these rights.

Statutes affected:
Introduced Version: 61-6-21