Senate Bill No. 265

(By Senators Jenkins and Plymale)

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[Introduced January 8, 2014; referred to the Committee on the Judiciary.]

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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 a criminal offense of possession of burglar’s tools; and establishing 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 §61-3-11a, to read as follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-11a. Possession of burglar’s tools; penalties.

    (a) A person is guilty of possession of burglar’s tools when he or she, individually or in concert with another, possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his or her:

    (1) Intention to use the tool or tools in the commission of an offense involving forcible entry into the property of another without the permission of the owner or owners thereof; and

    (2) Knowledge that the person individually, or in concert with another, intends to use the same in the commission of an offense involving forcible entry as described in subdivision (1) of this subsection.

    (b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than one year, or both fined and confined.

    NOTE: The purpose of this bill is to create a misdemeanor offense of possession of burglary tools.

    This section is new; therefore, strike-throughs and underscoring have been omitted.