H. B. 4367
(By Delegates Spencer, Hunt, Perdue,
Poore, Boggs, Reynolds, Hatfield, White,
Varner, Walters
[Introduced
February 5, 2010
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-13a, relating
to creating the criminal offense of obtaining nonferrous
metals unlawfully; and 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 §61-3-13a, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-13a. Obtaining nonferrous metals unlawfully; penalties.
(a) For purposes of this section, "nonferrous metals" means
metals not containing significant quantities of iron or steel,
including copper wire, copper clad steel wire, copper pipe, copper
bars, copper sheeting, aluminum, a product that is a mixture of
aluminum and copper, and catalytic converters.
(b) It is unlawful for a person to willfully and maliciously
cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose
of obtaining nonferrous metals in any amount.
(c) A person who violates the provisions of this section is
guilty of a:
(1) Misdemeanor and, upon conviction, shall be fined not more
than $2,500 or confined in jail not more than one year, or both, if
the direct injury to the property, the amount of loss in value to
the property, the amount of repairs necessary to return the
property to its condition before the act, or the property loss,
including fixtures or improvements, is $1,000 or less; or
(2) Misdemeanor and, upon conviction, shall be fined not more
than $5,000 or confined in jail not more than one year, or both, if
the direct injury to the property, the amount of loss in value to
the property, the amount of repairs necessary to return the
property to its condition before the act, or the property loss,
including fixtures or improvements, is $1,000 or less, and if vital
communication services to police, fire, 911 emergency call centers
or other emergency services are interrupted by the act; or
(3) Felony and, upon conviction, shall be fined not more than
$2,500 or imprisoned in a state correctional facility not less than
one year nor more than ten years, or both, if the direct injury to
the property, the amount of loss in value to the property, the
amount of repairs necessary to return the property to its condition
before the act, or the property loss, including fixtures or
improvements, is more than $1,000; or
(4) Felony and, upon conviction, shall be fined not more than
$5,000 or imprisoned in a state correctional facility not less than
one year nor more than ten years, or both, if the direct injury to
the property, the amount of loss in value to the property, the
amount of repairs necessary to return the property to its condition
before the act, or the property loss, including fixtures or
improvements, is more than $1,000, and if vital communications to
police, fire, 911 emergency call centers or other emergency
services are interrupted by the act.
NOTE: The purpose of this section is to create the offense of
obtaining copper or other nonferrous metals unlawfully. Criminal
penalties are provided, including enhanced penalties where the
theft interrupts vital communications to police, fire, 911
emergency call centers or other emergency services.
This section is new; therefore, it has been completely
underscored.
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