Bill > HB3135

This bill creates a new law in West Virginia that establishes criminal penalties for obstructing highways, streets, sidewalks, or other public passageways. Under the proposed legislation, a person commits an offense if they intentionally block a public passage or refuse to move when requested by law enforcement, firefighters, or authorized personnel. The bill defines "obstruct" as rendering a passage impassable or unreasonably inconvenient or hazardous. First-time offenders would face a misdemeanor charge with a fine of at least $500 and a minimum one-month imprisonment. However, the offense becomes a felony under aggravating circumstances, such as a previous conviction, preventing an emergency vehicle's passage, or blocking access to a healthcare facility. The penalties for a felony offense include a fine of at least $1,000 and imprisonment of three months to three years. Importantly, the bill includes a provision explicitly stating that it does not prevent lawful assembly or peaceful protest protected by constitutional rights. The legislation appears to be aimed at deterring disruptive protests that impede public transportation and emergency services while maintaining protections for peaceful demonstrations.

Justice, Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3135&year=2025&sessiontype=RS&btype=bill