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Introduced Version Senate Bill 708 History

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sb708 intr
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.
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