H. B. 4173
(By Delegate Morgan)
[Introduced January 26, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-30 of the Code of West Virginia,
1931, as amended, relating to injury or destruction of
property; increasing the penalty for a misdemeanor offense;
and lowering the threshold for a felony offense.
Be it enacted by the Legislature of West Virginia:
That §61-3-30 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property, monuments
designating land boundaries and of certain no
trespassing signs; penalties.
(a) If any person unlawfully, but not feloniously, takes and
carries away, or destroys, injures or defaces any property, real or
personal, of another,
causing a loss or damage to the property in
the value of less than $1,000, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than
$500
$1,000, or confined in
the county or regional jail not more than
one year, or both fined and
imprisoned confined.
(b) Any person who unlawfully, willfully and intentionally
destroys, injures or defaces the real or personal property of one
or more other persons or entities during the same act, series of
acts or course of conduct causing a loss
or damage in the value of
the property in an amount of
$2,500 $1,000 or more, is guilty of
the felony offense of destruction of property and, upon conviction
thereof, shall be fined not more than $2,500 or imprisoned in
the
a state correctional facility for not less than one year nor more
than ten years, or in the discretion of the court, confined in
the
county or regional jail not more than one year, or both fined and
imprisoned confined.
(c) If any person breaks down, destroys, injures, defaces or
removes any monument erected for the purpose of designating the
boundaries of a municipality, tract or lot of land, or any tree
marked for that purpose, or any sign or notice upon private
property designating no trespassing upon the property, except signs
or notices posted in accordance with the provisions and purposes of
sections seven, eight and ten, article two, chapter twenty of this
code, he or she is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $20 nor more than $200, or
confined in
the county or regional jail not less than one nor more
than six months, or both fined and
imprisoned confined. Magistrates have concurrent jurisdiction of all offenses arising
under the provisions of this section. The provisions of this
paragraph do not apply to the owner, or his or her agent, of the
lands on which such signs or notices are posted.
NOTE: The purpose of this bill is to make property crimes
valued at over $1,000 a felony.
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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