H. B. 4285


(By Delegate Howard)
[Introduced January 31, 2006; 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 §61-3-11a, relating to the creation of the criminal offense of manufacture or possession of burglar's tools.

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 §61-3-11a, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Manufacture or possession of burglar's tools; penalty.
(a) A person is guilty of manufacture or possession of burglar's tools when he or she manufactures or has in his or her possession any tool, explosive, instrument or any thing adapted, designed or commonly used for advancing or facilitating offenses of burglary in accordance with section eleven of this article or entry into a building other than a dwelling, a railroad, traction or minicar, steamboat or other vessel in accordance with section twelve of this article, with the intent to use or the knowledge that some person intends to use the tool in the commission of these offenses.
(b) The offense of manufacture or possession of burglar's tools is a felony and any person convicted thereof shall be confined in a correctional facility not less than one nor more than five years.


NOTE: The purpose of this bill is to create the offense of manufacture or possession of burglar's tools.

§61-3-11a is new; therefore, strike-throughs and underscoring have been omitted.