H. B. 4371

         (By Delegates Caputo, Longstreth and Manchin)

         [Introduced January 29, 2014; 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 §61-3-13a, relating to making the theft of a traffic sign or traffic signal a felony; finding that the theft is a reckless endangerment to the safety of persons and the public; and establishing criminal 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 §61-3-13a, to read as follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-13a. Larceny of traffic signs; reckless endangerment;                 penalties.

    If a person commits simple larceny of a traffic sign or a traffic signal, regardless of value, on any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the State Park and Public Recreation System established by the Director of the Division of Natural Resources pursuant to article five, chapter twenty of this code, that person is guilty of a felony, designated larceny that recklessly endangers the safety of persons and the public, and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and shall be fined not more than $2,500.

    NOTE: The purpose of this bill is to make the theft of a traffic sign or traffic signal a felony. The bill finds that the theft is a reckless endangerment to the safety of persons and the public. The bill establishes criminal penalties.

    This section is new; therefore, it has been completely underscored.