H. B. 2629
(By Delegate Swartzmiller)
[Introduced February 24, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-11a, relating
to creating the misdemeanor crime of possession of burglarious
tools; providing a criminal penalty; and defining the term
"burglarious tools, implements or devices."
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
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Possession of burglarious tools; penalties.
Any person having in his or her possession any tools,
implements or devices, with intent to commit burglary, robbery or
larceny, is guilty of a misdemeanor and, upon conviction thereof,
shall be imprisoned in jail for not more than six months, or fined
not more than five hundred dollars, or both fined and imprisoned.
For the purposes of this section, burglar tools, implements or devices means a picklock, key, crowbar, prybar, jack or bit;
nitroglycerin, dynamite, gunpowder or other explosive material; an
acetylene torch, electric arc, burning bar, thermal lance, oxygen
lance or similar device capable of burning through metal, concrete,
or other solid material; or any tool, instrument or device that has
been adapted, designed or used for committing or facilitating the
commission of burglary or larceny.
NOTE: The purpose of this bill is to create the crime of
possession of burglarious tools. The bill also provides a criminal
penalty and defines the term "burglarious tools, implements or
This section is new; therefore, strike-throughs and
underscoring have been omitted.