ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2958
(By Delegate Hamilton)
(Passed April 11, 2009; in effect ninety days from passage.)
AN ACT to amend and reenact §61-3B-3 of the Code of West Virginia,
1931, as amended, relating to increasing the fines for a
trespassing conviction pursuant to certain circumstances.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3B-3, to read as
follows:
ARTICLE 3B. TRESPASS.
§61-3B-3. Trespass on property other than structure or conveyance.
(a) It is an unlawful trespass for any person to knowingly,
and without being authorized, licensed or invited, to enter or
remain on any property, other than a structure or conveyance, as to
which notice against entering or remaining is either given by
actual communication to such person or by posting, fencing or
cultivation.
(b) First offense conviction. -- Upon a first trespassing
conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and shall be fined not
less than $100 nor more than $500.
(c) Second offense conviction. -- Upon a second trespassing
conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and shall be fined not
less than $500 nor more than $1,000.
(d) Third offense conviction. -- Upon a third and subsequent
trespassing conviction pursuant to subsection (a):
The person is guilty of a misdemeanor and shall be fined not
less than $1,000 nor more than $1,500.
(e) If the offender defies an order to leave, personally
communicated to him by the owner, tenant or agent of such owner or
tenant, or if the offender opens any door, fence or gate, and
thereby exposes animals, crops or other property to waste,
destruction or freedom, or causes any damage to property by such
trespassing on property other than a structure or conveyance, he
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $100 nor more than $500 or imprisoned
in the county jail for a period not to exceed six months, or both
such fine and imprisonment.
(c) If the offender is armed with a firearm or other dangerous
weapon with the unlawful and felonious intent to do bodily injury
to a human being during his commission of the offense of trespass
on property other than a structure or conveyance, such offender
shall, notwithstanding section one, article seven, chapter sixty-
one of this code, be guilty of a misdemeanor and, upon conviction
thereof, shall be confined in the county jail for a term not to
exceed six months, or fined not more than $100, or both such fine
and imprisonment.
(d) Notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to
property in the course of a willful trespass shall be liable to the
property owner in the amount of twice the amount of such damage.
However, this article shall not apply in a labor dispute.