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Introduced Version House Bill 2188 History

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H. B. 2188

 

         (By Delegate Rodighiero)

         [Introduced January 12, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

 

A BILL to repeal §61-3-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §61-2-31, §61-2-32, §61-2-33 and §61-2-34; and to amend and reenact §61-3-12 of said code, all relating to providing criminal offenses of home invasion in the first, second, third and fourth degrees, with prescribed penalties, and otherwise modifying the present law of burglary.

Be it enacted by the Legislature of West Virginia:

    That §61-3-11 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto four new sections, designated §61-2-31, §61-2-32, §61-2-33 and §61-2-34; and that §61-3-12 of said code be amended and reenacted, all to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-31. Home invasion in the first degree.

    (a) As mentioned in sections thirty-one, thirty-two, thirty-three, and thirty-four of this article, a person “enters or remains unlawfully” in or upon the premises when the premises, at the time of the entry or remaining, are not open to the public and when the offender is not otherwise licensed or privileged to do so.

    (b) The term “dangerous instrument” as used in sections thirty-one through thirty-four, means any instrument, article, or substance which, under the circumstances in which it is used or attempted to threatened to be used, is capable of causing death or serious physical injury, and includes a vehicle and a dog that has been commanded to attack.

    (c) The term “deadly weapon” as used in sections thirty-one through thirty-four of this article, is given the same meaning as provided in section two, article seven, chapter sixty-one of this code.

    (d) The term "dwelling" as used in sections thirty-one through thirty-four of this section, includes, but is not limited to, a mobile home, house trailer, modular home, factory-built home or self-propelled motor home, used as a dwelling regularly or only from time to time, an occupied outhouse adjoining the dwelling, or any other nonmotive vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.

    (e) It is unlawful for an individual to enter or remain unlawfully in a dwelling, or an outhouse adjoining or occupied, or another, with the intent to commit a crime therein and who is either:

    (1) Armed with explosives, a deadly weapon or a dangerous instrument; or

    (2) In the course of committing the offense, intentionally, knowingly, or recklessly uses explosives, a deadly weapon or a dangerous instrument that causes physical injury, serious physical injury or death to a person lawfully present in the dwelling.

    (f) Anyone found to have violated subsection (e) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $20,000, and imprisoned for twenty-five years to life without mercy.

    (g) Notwithstanding any other provision of this code, an individual sentenced to a prison term pursuant to this section is not eligible for any reduction in the individual’s term of sentence, nor is the individual eligible for any type of alternative sentencing.

§61-2-32. Home invasion in the second degree.

    (a) It is unlawful for a person to enter or remain unlawfully in a dwelling with the intent to commit a crime, and to use, or threaten to use, physical force against a person lawfully present in the dwelling.

    (b) Anyone found to have violated subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $15,000, and imprisoned for a term of twenty years.

    (c) Notwithstanding any other provision of this code, an individual sentenced to a prison term pursuant to this section is not eligible for any reduction in the individual’s term of sentence, and is not eligible for any type of alternative sentencing.

§61-2-33. Home invasion of the third degree.

    (a) It is unlawful for a person to enter or remain unlawfully in a dwelling with the intent to commit a crime when another person is lawfully present in the building.

    (b) Anyone found to have violated subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned for ten years.

    (c) Notwithstanding any other provision of this code, an individual sentenced to a prison term pursuant to this section is not eligible for any reduction in the individual’s term of sentence, and is not eligible for any type of alternative sentencing.

§61-2-34. Home invasion of the fourth degree.

    (a) It is unlawful for a person to enter or remain unlawfully in a dwelling with the intent to commit a crime in it.

    (b) Anyone found to have violated subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, imprisoned for up to five years, or both fined and imprisoned.

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-12. Entry of building other than dwelling; entry of railroad, traction or motorcar, steamboat or other vessel; penalties; counts in indictment.

    If any A person shall who, at any time, break and enter, or shall enter breaks and enters or enters without breaking, any office, shop, underground coal mine, storehouse, warehouse, banking house or any house or building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, or any railroad or traction car, propelled by steam, electricity or otherwise, or any steamboat or other boat or vessel, within the jurisdiction of any county in this state, with intent to commit a felony or any larceny, he or she shall be deemed is guilty of a felony and, upon conviction, shall be confined imprisoned in a state correctional facility not less than one nor more than ten years. And if any A person shall who, at any time, break and enter, or shall enter breaks and enters or enters without breaking, any automobile, motorcar or bus, with like intent, within the jurisdiction of any county in this state, he shall be or she is guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than twelve months and be fined not exceeding $100.

    An indictment for burglary home invasion may contain one or more counts for breaking and entering, or for entering without breaking, the house or building mentioned in the count for burglary home invasion under the provisions of this and the preceding this section as well as sections thirty-one through thirty-four, article two of this chapter.



    NOTE: This bill provides for the criminal offenses of home invasion in the first, second, third and fourth degrees, with prescribed penalties, and otherwise modify the present law of burglary.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

  



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