Senate Bill No. 90
(By Senators Plymale and Jenkins)
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[Introduced January 13, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-11a, relating
to
the manufacture or possession of burglary tools; and
penalties
.
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 §61-3-11a, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Manufacture or possession of burglary tools; penalties.
If any person manufactures or has in his or her possession any
tool, instrument or other thing adapted, designed or commonly used
for committing, advancing or facilitating offenses involving
unlawful entry into a premises, theft by a physical taking, or
offenses involving forcible breaking of safes or other containers or safe-like depositories of property, under circumstances that
manifest or demonstrate an intent to use, or has knowledge that
another person intends to use the same in the commission of an
offense of the same kind or character, that person is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $500 or confined in jail for not greater than six months, or
both fined and confined.
NOTE: The purpose of this bill is to make the manufacture or
possession of burglary tools a criminal act.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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