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Introduced Version House Bill 2841 History

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H. B. 2841

 

         (By Delegate Ellem)

         [Introduced January 11, 2012

ole.gif

; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

 

A BILL to amend and reenact §61-3A-3 of the Code of West Virginia, 1931, as amended, relating to crimes and their punishment; shoplifting; penalties; and eliminating the third offense conviction of shoplifting and its corresponding felony penalty.

Be it enacted by the Legislature of West Virginia:

    That §61-3A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3A. SHOPLIFTING.

§61-3A-3. Penalties.

    A person convicted of shoplifting shall be punished as follows:

    (a) First offense conviction. -- Upon a first shoplifting conviction:

    (1) When the value of the merchandise is less than or equal to §500, the person is guilty of a misdemeanor and, shall be fined not more than §250.

    (2) When the value of the merchandise exceeds §500, the person is guilty of a misdemeanor and, shall be fined not less than §100 nor more than §500, and such fine shall not be suspended, or the person shall be confined in jail not more than sixty days, or both.

    (b) Second Subsequent offense conviction. -- Upon a second or any subsequent shoplifting conviction:

    (1) When the value of the merchandise is less than or equal to §500, the person is guilty of a misdemeanor and, shall be fined not less than §100 nor more than §500, and such fine shall not be suspended, or the person shall be confined in jail not more than six months or both.

    (2) When the value of the merchandise exceeds §500, the person is guilty of a misdemeanor and, shall be fined not less than §500 and shall be confined in jail for not less than six months nor more than one year.

    (c) Third offense conviction. -- Upon a third or subsequent shoplifting conviction, regardless of the value of the merchandise, the person is guilty of a felony and, shall be fined not less than five hundred dollars nor more than five thousand dollars, and shall be imprisoned in the penitentiary for not less than one year nor more than ten years. At least one year shall actually be spent in confinement and not subject to probation: Provided, That an order for home detention by the court pursuant to the provisions of article eleven-b, chapter sixty-two of this code may be used as an alternative sentence to the incarceration required by this subsection.

    (d) (c) Mandatory penalty. -- In addition to the fines and imprisonment imposed by this section, in all cases of conviction for the offense of shoplifting, the court shall order the defendant to pay a penalty to the mercantile establishment involved in the amount of $50, or double the value of the merchandise involved, whichever is higher. The mercantile establishment shall be entitled to collect such mandatory penalty as in the case of a civil judgment. This penalty shall be in addition to the mercantile establishment's rights to recover the stolen merchandise.

    (e) (d) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven years prior to the shoplifting offense in question.



 

    NOTE: The purpose of this bill is to eliminate the third offense conviction of shoplifting and its corresponding felony penalty.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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