Senate Bill No. 389
(By Senator Oliverio, Ross and Ball)
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[Introduced February 3, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend 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
fifty-five, relating to creating the criminal offense for
failing to pay for gasoline.
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
fifty-five, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-55. Wrongful conversion of gasoline.
No person may drive his or her motor vehicle off the premises
of an establishment where gasoline is offered for retail sale after
dispensing gasoline into the fuel tank of his or her vehicle if the
person fails to remit payment or make an authorized charge for the
gasoline that was dispensed. Any person who knowingly violates
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined up to two hundred dollars or confined in
the county jail or regional jail facility for up to three months.
Upon a second conviction, in addition to the penalties provided for
in this section, the person shall have his or her driver's license
suspended for six months. Upon a third or subse
quent conviction,
in addition to the penalties provided for in this section, the
person shall have his or her driver's license suspended for one
year.
NOTE: The purpose of this bill is to create the criminal
offense of absconding with gasoline from a gasoline selling retail
establishment.
This section is new; therefore, strike-throughs and
underscoring have been omitted.