Senate Bill No. 3004
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced November 15, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-1-12; and to
amend and reenact §61-3b-5 of said code, all relating to
regulating activities and access at state-owned facilities;
granting department of administration rule-making authority;
and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-1-12; and that §61-
3b-5 of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-12. Department authority to promulgate rules regulating
activities and access at state-owned facilities.
The department of administration shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a of this
code, establishing requirements and limitations for public access
to state government facilities. The initial filing of this rule
shall be as an emergency legislative rule.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
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 legislative rule or emergency
rule promulgated by the secretary of administration promulgated
pursuant to section twelve, article one, chapter five-a of this
code, 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.
NOTE: The purpose of this bill is to permit the secretary of
administration to promulgate rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§5A-1-12 is new; therefore, strike-throughs and underscoring
have been omitted.