H. B. 2351
(By Delegates Stalnaker, White and Campbell)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-8-14 of the Code of West Virginia,
1931, as amended, relating to redirecting fines for cemetery
vandalism back to cemeteries to be used for damage repair.
Be it enacted by the Legislature of West Virginia:
That §61-8-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-14. Disinterment or displacement of dead body or part
thereof; damage to cemetery or graveyard; penalties;
damages in civil action.
(a) Any person who unlawfully disinters or displaces a dead
human body, or any part of a dead human body, placed or deposited
in any vault, mausoleum or any temporary or permanent burial place,
is guilty of a felony and, upon conviction thereof, shall be
confined imprisoned in
the penitentiary or other suitable a state correctional facility for a determinate sentence of not less than
two nor more than five years.
(b) (1) Any person who intentionally desecrates any cemetery,
graveyard, mausoleum or other designated human burial site is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two thousand dollars, or confined in jail not
more than one year, or both fined and confined.
(2) For the purposes of this subsection, "desecrate" means
defacing, damaging or otherwise physically mistreating in a way
that a reasonable person knows will outrage the sensibilities of
persons likely to observe or discover his or her actions.
(c) A fine levied pursuant to this section shall be delivered
to the desecrated cemetery, graveyard, mausoleum or other
designated human burial site that gave rise to the fine, to be used
for repairing any damages.
NOTE: The purpose of this bill is to provide for repairing
cemeteries, etc., damaged by vandals, by redirecting fines for
cemetery vandalism back to cemeteries to be used for damage repair.
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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