Introduced Version
House Bill 2407 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2407
(By Delegate Ellem)
[Introduced February 13, 2013; 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 shoplifting 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.