H. B. 2488


(By Delegates Beach, Shaver,
Perry and Stemple)

[Introduced January 22, 2003; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact sections two and three, article three-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the fines for trespass to structures and conveyances and to all other tangible properties.

Be it enacted by the Legislature of West Virginia:
That sections two and three, article three-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3B. TRESPASS.
§61-3B-2. Trespass in structure or conveyance.

Any person who knowingly enters in, upon or under a structure or conveyance without being authorized, licensed or invited, or having been authorized, licensed or invited is requested to depart by the owner, tenant or the agent of such owner or tenant, and refuses to do so, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one five hundred dollars.
If the offender is armed with a firearm or other dangerous weapon while in the structure or conveyance, with the unlawful and felonious intent to do bodily injury to a human being in said structure or conveyance at the time the offender knowingly trespasses, such offender shall, notwithstanding the provisions of section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one five hundred dollars nor more than five hundred one thousand dollars, or be confined in the county or regional jail for a period not to exceed twelve months, or both such fine and imprisonment.
§61-3B-3. Trespass on property other than structure or conveyance.

(a) Any person who knowingly and without being authorized, licensed or invited, enters or remains on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one five hundred dollars.
(b) If the offender defies an order to leave, personally communicated to him by the owner, tenant or agent of such owner or tenant, or if the offender opens any door, fence or gate and thereby exposes animals, crops or other property to waste, destruction or freedom or causes any damage to property by such trespassing on property other than a structure or conveyance, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one five hundred dollars nor more than five hundred one thousand dollars or imprisoned in the county or regional jail for a period not to exceed six months, or both such fine and imprisonment.
(c) If the offender is armed with a firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to a human being during his commission of the offense of trespass on property other than a structure or conveyance, such offender shall, notwithstanding the provisions of section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a term not to exceed six months, or fined not more than one five hundred dollars, or both such fine and imprisonment.
(d) Notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be liable to the property owner in the amount of twice the amount of such the damage: Provided, That the provisions of this article shall not apply in a labor dispute.



NOTE: The purpose of this bill is discourage misdemeanor trespass by increasing the fines for those violations.

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