COMMITTEE SUBSTITUTE
FOR
H. B. 2958
(By Delegate Hamilton)
(Originating in the House Committee on the Judiciary)
[March 20, 2009]
A BILL 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,
enters or
remains 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.
shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than one hundred
dollars.
(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.
(b) (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
the provisions of 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.
Provided, That the provisions of However, this article shall not
apply in a labor dispute.