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Introduced Version House Bill 2728 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2728


(By Mr. Speaker, Mr. Kiss (By Request))

[Introduced March 5, 2001 ; referred to the

Committee on the Judiciary.]





A BILL to amend article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-a, relating to requiring persons who have swimming pools to enclose them with a fence and locked gate sufficient to keep small children from getting inside; and creating a criminal penalty for violation.

Be it enacted by the Legislature of West Virginia:

That article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-a, to read as follows:

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-30a. Unfenced swimming pools prohibited.

It is unlawful for any person to keep, maintain or allow any swimming pool upon any land in which the person has any right to possession as owner, tenant or otherwise, which is not enclosed by a fence with a locking gate sufficient to prevent a child seven years of age or younger from entering. Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars.

NOTE: The purpose of this bill is to
require persons who have swimming pools to enclose them with a fence and locked gate sufficient to keep small children from getting inside. The bill creates a criminal penalty for a violation.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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