Bill > HB3188

This bill establishes two new legal provisions in West Virginia: one addressing false identification during lawful detention and another concerning loitering or prowling. The first provision makes it illegal for a person who has been arrested or lawfully detained to provide a false name or fail to identify themselves to law enforcement, with penalties ranging from a misdemeanor (up to one year in jail) to a felony (up to five years in prison) if the false identification adversely affects another person. The bill allows courts to order restitution and correction of public records impacted by false identification. The second provision creates a law against loitering or prowling in a manner that causes reasonable alarm, making it a misdemeanor (up to 60 days in jail) to be in a place at a time or in a way that is not typical of law-abiding individuals. The loitering law requires law enforcement to give individuals an opportunity to explain their presence before making an arrest, and a person cannot be convicted if the officer did not follow this procedure or if the person's explanation would have dispelled the initial concern. These laws aim to prevent deceptive behavior and protect public safety by giving law enforcement tools to address suspicious circumstances while also providing safeguards against potential abuse.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3188&year=2025&sessiontype=RS&btype=bill