HOUSE CONCURRENT RESOLUTION NO. 131

(By Delegates Barill, Eldridge, Moye, Morgan, Stephens,

    Campbell, Hartman, Sponaugle, Lynch, Skaff, Poore,

    Wells, Craig, Guthrie, Lawrence, Marshall, Perry,

    L. Phillips, R. Phillips, M. Poling, Skinner, Tomblin,

                        Walker and Young)

Requesting the Joint Committee on Government and Finance to study increasing the criminal penalties for damage to a cemetery or graveyard.

    Whereas, The current West Virginia Code provides that any person who intentionally desecrates any tomb, plot, monument, memorial, or marker in a cemetery, or any property in a cemetery, graveyard, mausoleum or other designated human burial site is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $2,000 or confined in jail not more than one year, or both fined and confined; and

    Whereas, Currently there exists a sentiment that those penalties should be increased by making it a felony, providing that a fine up to $10,000 be imposed or the person convicted be confined in a state correctional facility for up to five years, or both fined and confined; and

    Whereas, The increase in the penalties could have an increased deterrent effect of damaging family and community cemeteries and graveyards; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance study increasing the criminal penalties for damage to a cemetery or graveyard; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.