Senate Bill No. 708
(By Senators Sprouse, Minard and Oliverio)
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[Introduced March 21, 2005; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §61-3-12 of the Code of West Virginia,
1931, as amended, relating to providing a crime of breaking
and entering a pharmacy; and providing felony penalties for
violations.
Be it enacted by the Legislature of West Virginia:
That §61-3-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-12. Entry of building other than dwelling; entry of
pharmacy, railroad, traction or motorcar, steamboat
or other vessel; penalties; counts in indictment.
(a) If any person shall, at any time, break and enter, or
shall enter without breaking, any office, shop, 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, within the jurisdiction of any county in this state, with intent to commit a
felony or any larceny, he
or she shall be
deemed considered guilty
of a felony and, upon conviction, shall be confined in
the
penitentiary jail not less than one nor more than ten years.
And
(b) If any person shall, at any time, break and enter, or
enter without breaking, any pharmacy, as defined in section three,
article ten, chapter sixty-a of this code, or business which
contains a pharmacy, within the jurisdiction of any county in this
state, with intent to commit a felony or any larceny, the person is
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility for not less than three nor more
than fifteen years.
(c) 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
the county jail not less than two nor more
than twelve months and be fined not exceeding one hundred dollars.
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.
NOTE: The purpose of this bill is to provide for a separate
offense of breaking into a pharmacy and providing felony penalties
for convictions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.