COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 46
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 4, 1994.]
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A BILL to amend and reenact section thirteen-b, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections ten, eleven and fourteen, article seven, chapter sixty-one of said code, all relating to denying or suspending the motor vehicle operator's license of any person under the age of eighteen who has been convicted of a crime involving the misuse of a deadly weapon; making sales, rentals, grants or loans of a deadly weapon to a minor under prohibited circumstances a felony offense; prohibiting the brandishing, exposing, carrying, holding or unholstering a deadly weapon on school premises of any primary or secondary educational facilities, its curtilage or recreational facilities with willful violations constituting a felony, unintentional violation a

misdemeanor; and providing penalties for violation of these provisions.
Be it enacted by the Legislature of West Virginia:
That section thirteen-b, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended; and that sections ten, eleven and fourteen, article seven, chapter sixty-one of said code be amended and reenacted, all to read as follows:
CHAPTER 49. CHILD WELFARE.

ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-13b. Authority of the courts to order fines; revocation of vehicle privileges and restitution.

(a) In addition to the methods of disposition provided in section thirteen of this article, the court may enter an order imposing one or more of the following penalties, conditions and limitations:
(1) Impose a fine not to exceed one hundred dollars upon such child;
(2) Require the child to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which the child was found to be delinquent;
(3) Require the child to participate in a public service project under such conditions as the court prescribes, including participation in the litter control program established pursuant to the authority of section twenty-five, article seven, chapter twenty of this code;
(4) When the child is fifteen years of age or younger andhas been adjudged delinquent, the court may order that the child is not eligible to be issued a junior probationary operator's license or when the child is between the ages of sixteen and eighteen years and has been adjudged delinquent, the court may order that the child is not eligible to operate a motor vehicle in this state and any junior or probationary operator's license shall be surrendered to the court. Such child's driving privileges shall be suspended for a period not to exceed two years, and the clerk of the court shall notify the commissioner of the department of motor vehicles of such order: Provided, That when the child is fifteen years of age or younger and has been adjudged delinquent for a violation of law involving the misuse of a firearm or other deadly weapon as such are defined in section one, article seven, chapter sixty-one of this code, the court shall order that the child is not eligible to be issued a junior probationary operator's license or when the child is between the ages of sixteen and eighteen years and has been adjudged delinquent, the court shall order that the child is not eligible to operate a motor vehicle in this state, and any junior or probationary operator's license shall be surrendered to the court. Such child's driving privileges shall be suspended until he or she reaches the age of eighteen, and the clerk of the court shall notify the commissioner of the department of motor vehicles of such order.
(b) Nothing herein stated shall limit the discretion of the court in disposing of a juvenile case: Provided, That the juvenile shall not be denied probation or any other dispositionpursuant to this article because the juvenile is financially unable to pay a fine or make restitution or reparation: Provided, however, That, with the exception of the mandatory suspension or preclusion of driving privileges set forth herein, all penalties, conditions and limitations imposed under this section shall be based upon a consideration by the court of the seriousness of the offense, the child's ability to pay and a program of rehabilitation consistent with the best interests of the child.
(c) Notwithstanding any other provisions of this code to the contrary, in the event a child charged with delinquency under this chapter is transferred to adult jurisdiction and there convicted, the court may nevertheless, in lieu of sentencing such person as an adult, make its disposition in accordance with this section.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-10. Display of deadly weapons for sale or hire; sale to prohibited persons; penalties.

(a) It shall be unlawful for any person to publicly display and offer for rent or sale to passersby on any street, road or alley, any deadly weapon, machine gun, submachine gun or other fully automatic weapon, any rifle, shotgun or ammunition for same.
(b) It shall be unlawful for any person to knowingly sell, rent, give or lend any deadly weapon to a person prohibited from possessing same by any provision of this article.
(c) Any person, association, partnership, corporation or firm violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than ten thousand dollars or shall be confined in the county jail for not more than one year, or both: Provided, That if any such violation of the provisions of this section involving the sale, rental, grant or loan of any deadly weapon by a person to a minor under circumstances not permitted by the provisions of section eight of this article, then that person shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for not more than five years and shall be fined not less than ten thousand dollars nor more than twenty-five thousand dollars: Provided, however, That if any such violation of the provisions of this section involves the sale, rental, grant or loan of any deadly weapon by any association, partnership, corporation or firm to a minor under circumstances not permitted by the provisions of section eight of this article, then that association, partnership, corporation or firm shall be guilty of a felony, and, upon conviction thereof, shall be fined not less than twenty-five thousand dollars nor more than fifty thousand dollars: Provided further, That the provisions of this section shall not prohibit any parent, grandparent, uncle, aunt or sibling from giving, as a gift, a firearm to a minor.

§61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; brandishing or possession of a firearm or other deadly weapons on premises of educational facility

or court; penalties.
(a) It shall be unlawful for any person possessing or armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. Any person violating this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one thousand dollars, or shall be confined in the county jail not less than ninety days nor more than one year, or both.
(b) It shall be unlawful for any person to possess or cause the possession of a firearm or other deadly weapon on the premises of any primary or secondary educational facility or any premises housing a court of law in this state: Provided, That the provisions of this subsection shall not apply to a law-enforcement officer on duty or possessing a firearm or other deadly weapon at the directive of the chief law enforcement officer of the agency by which he or she is employed or to a person who has received written permission to carry a firearm or other deadly weapon on the premises of any primary or secondary educational facility from the principal of said facility. For purposes of this subsection, the term "premises of any primary or secondary educational facility" shall include any and all curtilage of said facilities as well as any recreational facility during any period the recreational facility is used by or under the care, custody and control of the educational facility or a county board of education. Any person who without specificintent to do so, violates the provisions of this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county jail not more than one year, or both. Any person who, willfully violates the provisions of this subsection shall be guilty of a felony, and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than ten thousand dollars and shall be confined in the penitentiary not more than five years.

§61-7-14. Right of certain persons to limit possession of firearms on premises.

Notwithstanding the provisions of this article, any owner, lessee or other person charged with the care, custody and control of real property may prohibit the possession, openly or concealed, of any firearm or deadly weapon on property under his or her domain: Provided, That, for purposes of this section, "person" means an individual or any entity which may acquire title to real property.
Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such firearm or other deadly weapon, upon being requested to do so, or to leave such premises, while in possession of such firearm or other deadly weapon, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail not more than six months, or both: Provided, That the provisions of this section shall not apply to those personsset forth in subsections (3) through (6), section six of this article while such persons are acting in an official capacity.

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(NOTE: The purpose of this bill is to revoke or suspend the motor vehicle operator's license of any person under the age of eighteen years who has been convicted of a crime involving the use or misuse of a deadly weapon. The bill also makes it a felony to sell or give a deadly weapon to a person under eighteen years of age under certain circumstances. It prohibits the possession of a deadly weapon on the premises, curtilage and other facilities of a school and it provides both misdemeanor and felony penalties for violations.)