H. B. 4641
(By Delegate Thompson)
[Introduced February 23, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend article three-a, 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
four-a, relating to creating criminal offenses involving theft
detection shielding devices; penalties; right to detain person
suspected of violation; and, immunity from civil or criminal
liability for detainers.
Be it enacted by the Legislature of West Virginia:
That article three-a, 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 four-a,
to read as follows:
ARTICLE 3A. SHOPLIFTING.
§61-3A-4a. Criminal offenses involving theft detection shielding devices; detention.
(a) A person commits unlawful use of a theft detection
shielding device when they knowingly manufacture, sell, offer for
sale or distributes any laminated or coated bag or device peculiar
to and marketed for shielding and intended to shield merchandise
from detection by an electronic or magnetic theft alarm sensor.
(b) A person commits unlawful possession of a theft detection
shielding device when they knowingly possess any laminated or
coated bag or device peculiar to and designed for shielding and
intended to shield merchandise from detection by an electronic or
magnetic theft alarm sensor, with the intent to commit theft or
retail theft.
(c) A person commits unlawful possession of a theft detection
shielding device remover when they knowingly possess any tool or
device designed to allow the removal of any theft detection device
from any merchandise with the intent to use such tool to remove any
theft detection device from any merchandise without the permission
of the merchant or person owning or holding said merchandise.
(d) A person commits unlawful removal of a theft detection
device when they intentionally remove the device from merchandise
prior to purchase.
(e) Any person convicted for violating the provisions of
subsections (a), (b), (c) or (d) of this section is guilty of a felony, and upon conviction thereof, shall be confined in a state
correctional facility for no less than one nor more than three
years, and fined not less than five hundred dollars nor more than
three thousand dollars.
(f) The activation of an antishoplifting or inventory control
device as a result of a person exiting the establishment or a
protected area within the establishment shall constitute reasonable
cause for the detention of the person so exiting by the owner or
operator or the establishment or by an agent or employee of the
owner or operator, provided sufficient notice has been posted to
advise the patrons that such a device is being utilized. Each such
detention shall be made only in a reasonable manner and only for a
reasonable period of time sufficient for any inquiry into the
circumstances surrounding the activation of the device or for the
recovery of goods.
(g) Such taking into custody and detention by a
law-enforcement officer, merchant, or merchant's employee, if done
in compliance with all the requirements of this section, does not
render such law-enforcement officer, merchant, or merchant's
employee criminally or civilly liable for false arrest, false
imprisonment, or unlawful detention.
NOTE: The purpose of this bill is to create criminal offenses
involving theft detection shielding devices. The bill, additionally provides penalties while authorizing the detainment of
persons suspected of committing a violation. Finally, the bill
provides for the immunity from civil or criminal liability for
detaining persons suspected of violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.