H. B. 3184
(By Delegates Morgan, C. Miller, Reynolds,
Sobonya and Stephens)
[Introduced February 18, 2011; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §61-3-30 of the Code of West Virginia, 1931, as amended, relating to injury or destruction of property; increasing the penalty for a misdemeanor offense; and lowering the threshold for a felony offense.
Be it enacted by the Legislature of West Virginia:
That §61-3-30 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property, monuments designating land boundaries and of certain no trespassing signs; penalties.
(a) If any a person unlawfully, but not feloniously, takes and carries away or destroys, injures or defaces any property, real or personal, of another, real or personal property of another, causing a loss or damage to the property in the value of less than $1,000, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in the county or regional jail not more than one year, or both fined and imprisoned. shall be fined not to exceed $500 for the first offense. Upon conviction of a second offense, he or she shall be fined not less than $100 nor more than $500. Upon conviction of a third offense, he or she shall be fined not less than $500 nor more than $1,500 or may be confined in jail not more than thirty days or both fined and confined.
(b) Any A person who unlawfully, willfully and intentionally destroys, injures or defaces the real or personal property of one or more other persons or entities during the same act, series of acts or course of conduct causing a loss or damage in the value of the property in an amount of $2,500 $1,000 or more, is guilty of the felony offense of destruction of property and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in the a state correctional facility for not less than one year nor more than ten years or, in the discretion of the court, confined in the county or regional jail not more than one year, or both fined and imprisoned confined.
(c) If any a person breaks down, destroys, injures, defaces or removes any monument erected for the purpose of designating the boundaries of a municipality, tract or lot of land, or any tree marked for that purpose, or any sign or notice upon private property designating no trespassing upon the property, except signs or notices posted in accordance with the provisions and purposes of sections seven, eight and ten, article two, chapter twenty of this code, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than $200, or confined in the county or regional jail not less than one nor more than six months, or both fined and imprisoned confined. Magistrates have concurrent jurisdiction of all offenses arising under the provisions of this section. The provisions of this paragraph do not apply to the owner or his or her agent of the lands on which such signs or notices are posted.
NOTE: The purpose of this bill is to make property crimes valued at over $1,000 a felony.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.