Senate Bill No. 630
(By Senators Kessler, Caruth, Stollings, Palumbo, Plymale, Green
and White)
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[Introduced March 18, 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-3-12 and §61-3-29 of the Code of
West Virginia, 1931, as amended, all relating to establishing
a
criminal penalty for entry upon
any property owned or leased
by a public utility or a company engaged in the production or
transmission of natural gas; and increasing from a misdemeanor to
a felony the penalty for damage or destruction of real or personal
property used
for producing, generating, transmitting,
distributing, treating or collecting electricity, natural gas,
water, wastewater, stormwater, telecommunications and cable service.
Be it enacted by the Legislature of West Virginia:
That §61-3-12 and §61-3-29 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-12. Entry of building other than dwelling; entry of
railroad, traction or motorcar, steamboat or other
vessel;
entry on utility property; penalties; counts in indictment.
If any person shall, at any time, break and enter, or shall
enter without breaking, any office, shop, underground coal mine,
storehouse, warehouse, banking house, or any house or building,
other than a dwelling house or outhouse adjoining thereto or
occupied therewith, or any railroad or traction car, propelled by
steam, electricity or otherwise, or any steamboat or other boat or
vessel,
or any electric utility property, including buildings,
substations, distribution or transmission poles, towers or appurtenances,
telecommunications or cable services property or poles or appurtenances,
or water or sewage utility property, or any other property owned or
leased by any utility or oil or gas company engaged in the production,
compression, distribution, transportation or transmission of oil or
natural gas
within the jurisdiction of any county in this state,
with intent to commit a felony or any larceny, he or she shall be
deemed guilty of a felony and, upon conviction, shall be confined
in a state correctional facility not less than one nor more than
ten years. And if any person shall, at any time, break and enter,
or shall enter without breaking, any automobile, motorcar or bus,
with like intent, within the jurisdiction of any county in this
state, he or she shall be guilty of a misdemeanor and, upon
conviction, shall be confined in jail not less than two nor more
than twelve months and be fined not exceeding $100.
An indictment for burglary may contain one or more counts for
breaking and entering, or for entering without breaking, the house
or building mentioned in the count for burglary under the provisions of this and the preceding section.
§61-3-29. Damage or destruction of railroad or public utility
company property, or real or personal property used
for producing, generating, compressing,
transporting, transmitting, distributing, treating
or collecting electricity, natural gas, coal,
water, wastewater, stormwater, telecommunications or
cable service; penalties; restitution.
(a) Any person who knowingly and willfully damages or destroys
any real or personal property owned by a railroad company, or
public utility company, or any real or personal property used for
producing, generating, compressing, transporting, transmitting,
distributing, treating or collecting electricity, natural gas,
coal, water, wastewater, stormwater, telecommunications or cable
service, is guilty of a misdemeanor felony and, upon conviction
thereof, shall be fined not more than $2,000, or confined in jail
a state correctional facility not more less than one year, or both
nor more than ten years.
(b) Any person who knowingly and willfully: (1) Damages or
destroys any real or personal property owned by a railroad company,
or public utility company, or any real or personal property used
for producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, coal, water, wastewater,
stormwater, telecommunications or cable service; and, (2) causes
serious bodily injury to another is guilty of a felony and, upon
conviction thereof, shall be fined not less than $5,000 nor more than $50,000, or confined in a state correctional facility not less
than one nor more than five years, or both.
(c) Nothing in this section may be construed to limit or
restrict the ability of an entity referred to in subsection (a) or
(b) of this section or a property owner or other person who has
been damaged or injured as a result of a violation of this section
from seeking recovery for damages arising from violation of this
section.
NOTE: The purpose of this bill is to create a criminal penalty
for entry upon any property owned or leased by a public utility or
a company engaged in the production or transmission of natural gas
The bill also increases, from a misdemeanor to a felony, the
penalty for damage or destruction of real or personal property used
for producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, water, wastewater, stormwater,
telecommunications and cable service.
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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