House Bill 2081, if passed, will amend and reenact §61-2-10b of the Code of West Virginia, 1931, to include
journalists as a protected profession within the explicit definitions of crimes
of violence against certain categories of workers.
The bill was introduced by
Delegates Nancy Guthrie, Larry Rowe, Mike Pushkin, Andrew Byrd and Sean
Hornbuckle last month.
West Virginia code 61-2-10b, which the
bill would amend, provides explicit definitions and punishments for crimes
committed against certain workers while acting in their official capacity. The
workers included in the current protection are governmental representatives,
health care providers and emergency medical service personnel.
If enacted, House Bill 2081 will add
journalists to the list of protected workers and define them as “any
employee of a news-gathering organization that disseminates news and
information to the public by means of print or electronic publication,
including audio and video distribution by electromagnetic transmission.”
This amendment would give substantial protection to
journalists while they are working in the field. Anyone who engages in a
violent act against a journalist on the job deemed a “malicious assault” or
“unlawful assault” would be charged with a felony. Violent acts classified as
“battery” or “assault” would receive misdemeanor charges.
The existing code, §61-2-10b,
has very clear definitions of each of the categories of workers and acts of
violence. The code and the amendment could use more clarity with the
explanation of workers in their “official capacity.” While this narrow
explanation could stand in most legal situations, the code could meet issues with
decisions about when a worker is in his or her official capacity.
Overall, the amendment
would be a positive and necessary addition to the code. In a time where news
stories are becoming more dangerous and controversial, it is necessary for
journalists to be protected. Though I have never been in a situation where this
amendment would have applied, I have experienced some openly defensive subjects
for news stories I have covered. It is hard to predict what people in
stressful, newsworthy situations may do, so House Bill 2081 is essential.
H. B. 2081
(By Delegates Guthrie,
Rowe, Pushkin, Byrd and Hornbuckle)
(Introduced January
15, 2015; referred to the Committee on the Judiciary.)
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