Senate Bill No. 516
(By Senator McKenzie)
____________
[Introduced March 11, 2005; referred to the Committee
on the Judiciary.]
____________
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.
Email
Webmaster | © 2024 West Virginia Legislature **
