H. B. 4303
(By Delegate Keener)
[Introduced January 30, 2002
; referred to the
Committee on the Judiciary.]
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
forty-b, relating to making it a felony offense for a lessee
of real property to fail in having the utilities serving the
leased premises to be placed in lessee's name within
twenty-one days following assuming possession of the property.
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
forty-b, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-40b. Fraudulently failing or refusing to cause utilities
serving rental property to be placed in lessee's
name.
Any person who has entered into a written or oral lease of
real property and who thereafter willfully and fraudulently refuses
or fails, for a period of more than twenty-one days thereafter, to
cause the utilities serving the real estate to be placed in his or
her name is guilty of a felony and, upon conviction thereof, shall
be confined in a state correctional facility for not less than one
nor more than five years.
NOTE: The purpose of this bill is to make it a felony for a
lessee of rental property to fraudulently fail to cause the
utilities serving the property to be placed in his or her name
within 21 days after the lease was made.
This section is new; therefore, strike-throughs and
underscoring have been omitted.