Senate Bill No. 513
(By Senators Wooton, Burnette, Fanning, Hunter, Kessler, Minard,
Mitchell, Oliverio, Redd, Ross, Rowe, Snyder, Deem, Facemyer and
McKenzie)
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[Originating in the Committee on the Judiciary;
reported February 5, 2002.]
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A BILL to amend article three-b, 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
five, relating to creating offense of violating court rules,
legislative rules or administrative rules regarding ingress
and egress of state government facilities; creating felony
offense of violating court rules, legislative rules or
administrative rules regarding ingress and egress with intent
to commit a crime; and penalties.
Be it enacted by the Legislature of West Virginia:
That article three-b, 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 five,
to read as follows:
ARTICLE 3B. TRESPASS.
§61-3B-5. Trespass on state government property; aiding and
abetting penalties.
(a) Notwithstanding any provision of this code to the
contrary, any person who knowingly and willfully violates an
administrative order of a court, a rule or emergency rule
promulgated by the secretary of administration, a joint rule of the
Senate and House of Delegates or a rule of the Senate or House of
Delegates relating to access to government buildings or facilities
or portions thereof under their control or who knowingly and
willfully aids or abets another to violate such an order, rule or
joint rule is guilty of a misdemeanor and, upon conviction, shall
be confined for not more than thirty days or fined more than five
hundred dollars, or both.
(b) Any person who violates the provisions of subsection (a)
of this section with the intent to commit a crime which constitutes
a misdemeanor is guilty of a misdemeanor and, upon conviction,
shall be confined in a county or regional jail for not more than
one year or fined not more than one thousand dollars, or both.
(c) Any person who violates the provisions of subsection (a)
of this section with the intent to commit a crime which constitutes
a felony is guilty of a felony and, upon conviction, shall be
incarcerated in a state correctional facility for not less than one
nor more than five years or fined not more than five thousand dollars, or both.
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(NOTE: The purpose of this bill is to provide criminal
penalties for willful violations of court rules, legislative rules
or department of administration rules relating to state government
building access and security.
§61-3B-5 is new; therefore, strike-throughs and underscoring
have been omitted.)