H. B. 4044

(By Delegates Flanigan and Wills)
[Introduced January 16, 2002; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section ten, article nine, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to correcting the inconsistency concerning the bringing of an indictment for petit larceny that exists with W.Va. Code §61-11-9 which provides for a three-year exception to the misdemeanor offense of petit larceny vis a vis the usual one-year statute of limitations for other misdemeanor offenses.

Be it enacted by the Legislature of West Virginia:
That section ten, article nine, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§62-9-10. Indictment for larceny.

An indictment for larceny shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A ..............., on the ........ day of ........., nineteen two thousand ................, in the said county of ..................., one (here describe the property or articles stolen, giving value of separate items) of the value of .............. dollars, of the money, goods, effects and property of B..............., feloniously did steal, take and carry away, against the peace and dignity of the State.
And if the offense be petit larceny, the word "unlawfully" shall be substituted for the word "feloniously" in the form aforesaid, and after the word "aforesaid" the words "and within one year three years before the finding of this indictment" shall be inserted.

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