COMMITTEE SUBSTITUTE

FOR

H. B. 4269

(By Delegates Fleischauer, Amores, Kominar, Caputo,

Palumbo, Brown and Faircloth )


(Originating in the Committee on the Judiciary)

[February 6, 2004]
A BILL to amend the code of West Virginia, 1931, as amended by adding thereto a new section, designated §61-3-6a , relating to establishing the offense of setting fires in a public right- of-way or road ; providing a criminal penalty for violations ; and providing for enhanced penalties for subsequent violations.

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 §61-3-6a , to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-6a. Burning personal property in a public right-of-way or roadway; penalties.

(a) No person may willfully and maliciously set fire to or burn, or cause to be burned, or aid, counsel, procure, persuade, incite, entice or solicit any other person to burn any property in a public right-of-way or public road.
(b) Any person violating the provisions of this section is, for the first offense, guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars or confined in a county or regional jail for not less than twenty-four hours nor more than one year, or both fined and confined.
(c) Any person violating the provisions of this section is, for a second or subsequent offense, guilty of a felony and, upon conviction, shall be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned in a state correctional facility not less than one nor more than three years, or both fined and imprisoned.