H. B. 4373


(By Mr. Speaker, Mr. Kiss, and Delegates
Iaquinta, Browning, Foster, Beane, Crosier and Varner)
[Introduced February 9, 2004; referred to the
Committee on the Judiciary.]



A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-3-10 , relating to making it a crime to alter a traffic-control device with an infrared or electronic device; and providing for 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 §17C-3-10 , to read as follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-10. Interference with official traffic-control devices by infrared or electronic devices.

Any person who uses an infrared or electronic device to alter a traffic-control device is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned in the county or regional jail not more than three days, or both fined and imprisoned. For a second or subsequent offense under this section, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars or imprisoned in the county or regional jail not more than six days. For a third offense under this section, the person is guilty of a felony and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned in a state correctional facility for not less than one year nor more than three years , or both fined and imprisoned.


NOTE: The purpose of this bill is to make altering a traffic-control device with an infrared or electronic device a crime and setting penalties.

This section is new; therefore, strike-throughs and underscoring have been omitted.