H. B. 2687
(By Delegate Schadler)
[Introduced February 8, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section thirty, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to creating
the felony offense of injury, defacing or destruction of
property causing damage, destruction or diminution in value
of twenty-five hundred dollars or more; and providing
penalties.
Be it enacted by the Legislature of West Virginia:
That section thirty, article three, 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 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property,
monuments designating land boundaries and of
certain no trespassing signs; penalties.
(a) If any person unlawfully, but not feloniously, take and
carry away, or destroy, injure or deface takes and carries away,
or destroys, injures or defaces any property, real or personal,
not his own, he shall be is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than five hundred
dollars, or imprisoned in the county or regional jail not more
than one year, or both fined and imprisoned.
(b) Any person who unlawfully, willfully and intentionally
destroys, injures or defaces property not his or her own, causing
damage, destruction or diminution in the value thereof in an
amount of twenty-five hundred dollars or more, is guilty of the
felony offense of destruction of property and, upon conviction
thereof, shall be imprisoned in state correctional facility for
not less than one year nor more than ten years, or in the
discretion of the court, be confined in the county or regional
jail not more than one year, and shall be fined not more than
twenty-five hundred dollars, or both fined and imprisoned.
(c) If any person shall break down, destroy, injure, deface
or remove breaks down, destroys, injures, defaces or removes any
monument erected for the purpose of designating the boundaries of
a municipality, tract or lot of land, or any tree marked for that
purpose, or any sign or notice upon private property designating
no trespassing upon such the property, except signs or notices
posted in accordance with the provisions and purposes of sections seven, eight and ten, article two, chapter twenty of this code,
he shall be is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than twenty dollars nor more
than two hundred dollars, or imprisoned in the county or regional
jail not less than one nor more than six months, or both fined
and imprisoned. Justices of the peace and magistrates shall
Magistrates have concurrent jurisdiction of all offenses arising
under the provisions of this section. The provisions of this
paragraph shall may not apply to the owner, or his or her agent,
of the lands on which such signs or notices are posted.
NOTE: The purpose of this bill is to create the felony
offense of destruction of property where the property damaged,
defaced or destroyed has been reduced in value by $2500.00 or
more. Penalties upon conviction are one to ten years in the
penitentiary, or up to one year in jail, and/or fined up to
$2500.00
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.