H. B. 2135


(By Delegates Hall, Amores, Anderson and Paxton)
[Introduced January 13, 2003; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section twelve, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the criminal offense of breaking and entering a building other than a dwelling and removing intent as an element of that offense.

Be it enacted by the Legislature of West Virginia:
That section twelve, 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.

§61-3-12. Entry of building other than dwelling; entry of railroad, traction or motorcar, steamboat or other vessel; penalties; counts in indictment.

If Any person, shall who at any time, break and enter, or shall enter breaks and enters or enters without breaking, any office, shop, storehouse, warehouse, banking house or any house or building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, or any railroad or traction car, propelled by steam, electricity or otherwise, or any steamboat or other boat or vessel, within the jurisdiction of any county in this state with intent to commit a felony or any larceny, he shall be deemed any crime is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary imprisoned in a state correctional facility not less than one nor more than ten years. And if any Any person shall who, at any time, break and enter, or shall enter breaks and enters or enters without breaking, any automobile, motorcar or bus, with like intent, within the jurisdiction of any county in this state, he shall be is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail not less than two nor more than twelve months and be fined not exceeding one hundred dollars.
An indictment for burglary may contain one or more counts for breaking and entering, or for entering without breaking, the house or building mentioned in the count for burglary under the provisions of this and the preceding section.

NOTE: The purpose of this bill is to provide intent to commit a crime as an element of the criminal offense of breaking and entering or entering without breaking a building other than a dwelling .
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.