H. B. 2095


(By Delegate Schadler)

[Introduced February 14, 2001 ; 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 or her own, he or she 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 of the property 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 the 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 or she 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 or more. Penalties upon conviction are one to ten years in the state correctional facility, or up to one year in jail, and/or fined up to $2500.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.