ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4388

(By Delegates Morgan, Craig, Leach,

Stemple, Varner, Kominar and Smirl)



[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-57, relating to creating the criminal offense of possession of fraudulently obtained or counterfeit sales receipts or universal product codes or devices to produce counterfeit sales receipts or universal product codes with the intent to cheat or defraud; creating new felony offense for such illegal activity; and establishing 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 §61-3-57, to read as follows:
 ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-57. Possession of bogus receipts or universal product codes with intent to defraud; penalties.

Any person who, with intent to defraud, possesses fifteen or more fraudulently obtained or counterfeit sales receipts or fraudulently obtained or counterfeit universal product codes, or possesses a device the purpose of which is to manufacture counterfeit retail sales receipts or counterfeit universal product code labels, 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 not less than one year nor more than three years, or both.