COMMITTEE SUBSTITUTE
FOR
H. B. 4373
(By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Browning,
Foster, Beane, Crosier and Varner)
(
Originating in the Committee on the Judiciary)
[February 11, 2004]
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.
(a) The use of a mobile infrared transmitter (MIRT), or any
type of infrared or electronic device capable of changing a traffic
control signal, by anyone other than the operator of an authorized
emergency vehicle
, is prohibited.
(b) Any person in violation of subsection (a) is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars or confined in the county or regional
jail not more than three days, or both fined and confined; and upon
a second conviction thereof, shall be fined not more than one
thousand dollars or confined in the county or regional jail not
more than six days, or both fined and confined.
(c) Any person who is convicted of a third or subsequent
violation of the provisions of subsection (a), 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.