H. B. 2473
(By Delegates Staton, Damron, Kuhn, Trump,
Campbell and Laird
)
[Introduced March 10, 1997; referred to the Committee on the
Judiciary.)
A BILL to amend and reenact
sections one, two, three, four, five
and six, article three, chapter sixty-one of the code of West
Virginia, one-thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto a new
section, designated section seven, all relating to the crime
of arson generally, modifying penalties; changing fines;
modifying elements for arson crimes; providing definitions;
and establishing reimbursement for the expenses of arson
suppression and investigation.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five and six, article
three, chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted; and
that said article be further amended by adding a new section, designated section seven, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-1. Burning, etc., of a dwelling or outbuilding; first degree
arson; penalty; definitions.
(a) Any person who wilfully willfully and maliciously sets
fire to or burns, or who
causes to be burned, or who aids,
counsels, or procures, persuades, incites, entices or solicits any
person the burning of to burn,
any dwelling, house whether
occupied, unoccupied or vacant, or any kitchen, shop, barn, stable
or other outhouse that is parcel thereof, or belonging to or
adjoining thereto
outbuilding,
whether the property of himself or
herself or of another, shall be guilty of arson in the first
degree, and upon conviction thereof, be sentenced to the
penitentiary for a definite term of imprisonment which is not less
than two nor more than twenty years. A person imprisoned pursuant
to this section is not eligible for parole prior to having served
a minimum of two years of his or her sentence or the minimum period
required by the provisions of section thirteen, article twelve,
chapter sixty-two, whichever is greater.
(b) As used in subsection (a) of this section:
(1)"Dwelling" means any building or structure intended for
habitation or lodging
in whole or in part,
regularly or
occasionally, and shall include, but not be limited to, any house,
apartment, hotel, dormitory, hospital, nursing home,
jail, prison,
mobile home, house trailer, modular home, factory-built home or self-propelled motor home
;
(2) "Outbuilding" means any building or structure which
adjoins, is part of, belongs to, or is used in connection with a
dwelling, and shall include, but not be limited to, any garage,
shop, shed, barn or stable.
§61-3-2. Burning, etc., of other buildings or structures; second
degree arson; penalty.
Any person who wilfully willfully and maliciously sets fire to
or burns,
or who causes to be burned, or who aids, counsels, or
procures, persuades, incites, entices or solicits any person the
burning of to burn,
any
building or structure of any class or
character, whether the property of
himself
or herself or of
another, not included or prescribed in the preceding section, shall
be guilty of arson in the second degree, and upon conviction
thereof, be sentenced to the penitentiary for a definite term of
imprisonment which is not less than one nor more than ten years.
A person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence or the minimum period required by the provisions of
section thirteen, article twelve, chapter sixty-two, whichever is
greater.
§61-3-3. Burning personal property of another of the value of five
hundred dollars or more; third degree arson; penalty.
Any person who wilfully willfully and maliciously sets fire to
or burns, or who causes to be burned, or who aids, counsels, or procures, persuades, incites, entices or solicits any person the
burning of to burn,
any
personal property of any class or
character,
(such property being of the value of not less than fifty
dollars five hundred dollars, and the property of another person),
shall be guilty of arson in the third degree, and upon conviction
thereof, be sentenced to the penitentiary for a definite term of
imprisonment which is
not less than one nor more than three years.
A person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence.
§61-3-4. Attempt to commit arson; fourth degree arson; penalty.
(a) Any person who wilfully willfully and maliciously attempts
to set fire to, or attempts to or burn, or attempts to cause to be
burned, or attempts to aid, counsel, or procure,
persuade,
incite, entice or solicit any person the burning of to burn, any of
the buildings, structures, or personal property mentioned in the
foregoing sections,
or who commits any act preliminary thereto, or
in furtherance thereof, shall be guilty of arson in the fourth
degree, and upon conviction thereof be sentenced to the
penitentiary for a definite term of imprisonment which is
not less
than one nor more than two years, or fined not to exceed one
thousand dollars
two thousand five hundred
dollars, or both.
A
person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence.
(b) The placing or distributing of any inflammable, explosive
or combustible material or substance, or any device in any
building, structure or personal property mentioned in the foregoing
sections, in an arrangement or preparation with intent to
eventually, wilfully willfully and maliciously, set fire to or
burn, same or to cause to be burned, or to aid or procure the
setting fire to or burning of same
any building, structure or
personal property mentioned in the foregoing sections
shall, for
the purposes of this section, constitute an attempt to burn such
that building, structure or personal property.
§61-3-5. Burning, or attempting to burn, insured property; penalty.
Any person who wilfully willfully and with intent to injure or defraud the insurer
sets fire to or burns, or attempts so to do,
or
causes to be burned, or who aids, counsels, or procures, persuades,
incites, entices or solicits any person the burning of to burn,
any
building, structure or personal property, of any class or
character, whether the property of himself or herself or of
another, which shall at the time be insured by any person against
loss or damage by fire, shall be guilty of a felony and, upon
conviction thereof, be sentenced to the penitentiary for
a definite
term of imprisonment which is
not less than one nor more than five
years or fined not to exceed ten thousand dollars, or both. A
person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence or the minimum period required by the provisions of
section thirteen, article twelve, chapter sixty-two, whichever is
greater.
§61-3-6. Willfully and maliciously setting fire on lands; penalty.
If any person unlawfully and maliciously sets fire to any
woods, fence, grass, straw or other thing capable of spreading fire
on lands, he or she shall be guilty of a felony, and, upon
conviction, shall be fined not less than one hundred dollars nor
more than five hundred dollars, and be imprisoned for sentenced to
the penitentiary for
a definite term of imprisonment which is
not less than one year nor more than five years or fined not to exceed
five thousand dollars, or both.
He or she shall, moreover, be
liable to any person injured thereby, or in consequence thereof,
for double the amount of damages sustained by such person.
A
person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence or the minimum period required by the provisions of
section thirteen, article twelve, chapter sixty-two, whichever is
greater.
§61-3-7. Recovery of suppression and investigation expenses for
fires caused by arson.
Any person convicted of any felony enumerated in sections one,
two, three, four, five or six of this article may be ordered to
reimburse
the state fire marshal's office or other fire department
or company, or both,
for the costs of investigating the arson and
of controlling, extinguishing and suppressing the resultant fire,
and all costs associated therewith, including but not limited to,
costs for the personal services rendered by any full-time employees
of the state fire marshal's office or other fire department or
company, and operating costs of equipment and supplies used to
investigate, control, extinguish or suppress the fire.
NOTE: The purpose of this bill is to
provide definite term
sentences, to change fines, to modify elements, to add definitions,
and to provide for reimbursement for the expenses of arson
suppression and investigation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§ 7 is new; therefore underlining and strike-throughs have
been omitted.