ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 665

(By Senator Craigo)

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[Originating in the Committee on the Judiciary;

reported March 2, 1999.]

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A BILL to amend and reenact article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-eight-a, relating to establishing criminal penalties for the misuse of a roadside newspaper or periodical receptacle.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty- eight-a, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-38a. Misuse of newspaper or periodical route receptacles; penalty.

Any person who, without the express consent of the customer, places into a roadside receptacle placed by a newspaper or periodical business to facilitate home delivery of a designated newspaper or periodical anything other than a paid advertisement in the newspaper or periodical for which placement of the receptacle was caused or other item approved for placement therein by the entity placing the receptacle, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
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(NOTE: The purpose of this bill is establish criminal penalties for persons who, without the express consent of the customer, utilize newspaper receptacles placed for newspaper or periodical delivery for disseminating other items.

This section is new; therefore, strike-throughs and underscoring have been omitted.)