Senate Bill No. 117
(By Senator Jenkins)
[Introduced February 13, 2013; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-11a, relating
to creating a criminal offense of possession of burglar's
tools; 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 §61-3-11a, to read as
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Possession of burglar's tools; penalties.
(a) A person is guilty of possession of burglar's tools when
he or she possesses any tool, instrument or other thing adapted,
designed or commonly used for committing or facilitating the
commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no
reasonable doubt as to his or her:
(1) Intention to use the tool or tools in the commission of an
offense involving forcible entry as described in this subsection;
(2) Knowledge that some other person intends to use the same
in the commission of an offense involving forcible entry as
described in this subsection.
(b) A person in possession of burglar's tools is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $1,000, or confined to a state correctional facility for not
more than one year or both fined and confined.
NOTE: The purpose of this bill is to create the criminal
offense of possession of burglar's tools and establish penalties.
The section is new; therefore strike-throughs and underscoring
have been omitted.