ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(By Senators Brackenrich, Chernenko, Dittmar,
Whitlow, Felton, Anderson and Ross)
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[Originating in the Committee on Natural Resources;
reported March 24, 1993.]
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A BILL to amend and reenact section three, article three-b,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
permission or an invitation before entering upon the lands
of another; education efforts required; and criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That section three, article three-b, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3B. TRESPASS.
§61-3b-3. Trespass on property other than structure or
conveyance; penalties.
(a) Real property is considered closed to public access
unless permission to enter is given by the owner, lessee, tenantor agent. Any person who knowingly and without being authorized
or invited, enters or remains on any property, other than a
structure or conveyance, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not more than one hundred
dollars.
(b) The divisions of natural resources and forestry of the
department of commerce, labor and environmental resources shall
attempt to educate the public, including all persons holding
hunting, fishing or trapping licenses or permits, of this section
concerning the need for permission or invitation before entry on
private land.
(c) If an offender is in violation of subsection (a) of this
section, the offender shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars or imprisoned in the
county jail for a period not to exceed six months, or both such
fine and imprisonment.
(d) If the offender is armed with a firearm or other
dangerous weapon with the unlawful and felonious intent to do
bodily injury to a human being during his commission of the
offense of trespass on property other than a structure or
conveyance, such offender shall, notwithstanding the provisions
of section one, article seven of this chapter, be guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in
the county jail for a term not to exceed six months, or fined not
more than one hundred dollars, or both such fine and
imprisonment.
(e) Notwithstanding and in addition to any other penaltiesprovided by law, any person who performs or causes damage to
property in the course of a willful trespass shall be liable to
the property owner in the amount of twice the amount of such
damage.