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Introduced Version Senate Bill 516 History

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sb516 intr
Senate Bill No. 516

(By Senator McKenzie)

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[Introduced March 11, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to removing the distinction between daytime and nighttime burglary.

Be it enacted by the Legislature of West Virginia:
That §61-3-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11. Burglary; entry of dwelling or outhouse; penalties.
(a) Burglary shall be a felony and any person convicted thereof shall be confined in the penitentiary a state correctional facility not less than one nor more than fifteen years. If any person shall, in the nighttime, break and enter, breaks and enters or enter enters without breaking or shall, in the daytime, break and enter, the dwelling house or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he or she shall be deemed is guilty of burglary.
(b) If any person shall, in the daytime, enter without breaking a dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years.
(c) (b) The term "dwelling house," as used in subsections subsection (a) and (b) of this section, shall include includes, but is not be limited to, a mobile home, house trailer, modular home, factory-built home or self-propelled motor home, used as a dwelling regularly or only from time to time, or any other nonmotive vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.



NOTE: The purpose of this bill is to remove the distinction between nighttime and daytime burglary.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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