H. B. 2796
(By Delegates Swartzmiller,
Stemple and Kominar)
[Introduced January 30, 2003; 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
eleven-a relating to creating the crime of possession of
burglarious tools; providing a criminal penalty; and, defining
the term "burglarious tools, implements or devices."
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 and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Possession of burglarious tools; penalties.
Any person having in his or her possession any tools,
implements or devices, with intent to commit burglary, robbery or
larceny, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility for not less than one nor
more than five years, or fined not more than five hundred dollars
nor more than one thousand dollars, or both fined and imprisoned.
For the purposes of this section, burglarious tools, implements or
devices means a picklock, key, crowbar, prybar, jack or bit;
nitroglycerin, dynamite, gunpowder or other explosive material; an
acetylene torch, electric arc, burning bar, thermal lance, oxygen
lance or similar device capable of burning through metal, concrete,
or other solid material; or any tool, instrument or device that has
been adapted, designed, or used for committing or facilitating the
commission of burglary or larceny.
NOTE: The purpose of this bill is to
create the crime of
possession of burglarious tools. The bill also provides a criminal
penalty and defines the term "burglarious tools, implements or
This section is new; therefore, strike-throughs and
underscoring have been omitted.