Senate Bill No. 61
(By Senators Jenkins and Plymale)
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[Introduced January 9, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-3-45 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §61-3-59, all relating to theft of
oil, natural gas, water, telecommunications, electric and
solid waste services; and providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §61-3-45 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §61-3-59, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Tampering with pipes, tubes, wires or electrical
conductors; penalty.
Every person who, with intent to injure or defraud, connects,
or causes to be connected, any pipe, tube, wire, electrical
conductor or other instrument with any main, service pipe or other pipe or conduit or flume for conducting water, or with any main,
service pipe, or other pipe or conduit for conducting oil, natural
gas, or with any main, service wire or other electric conductor
used for the purpose of conducting electric energy for light, heat
or motive services, for the purpose of taking therefrom water, oil,
natural gas, telecommunications service or electric energy, without
the knowledge of the owner thereof and with intent to evade payment
therefor, is guilty of a misdemeanor and, upon conviction thereof,
shall be:
(1) Confined in jail not exceeding twelve months, or fined not
exceeding two thousand dollars, or both, in the discretion of the
court;
and
(2) Be ordered by the court to make restitution to the service
provider not to exceed the value of unauthorized services received.
§61-3-59. Theft of solid waste service.
A person who acquires or makes use of solid waste disposal
service fraudulently, without the knowledge and consent of the
service provider and with the intent to avoid or evade payment for
the service, is guilty of a misdemeanor and, upon conviction
thereof, shall:
(1) Be confined in jail not exceeding twelve months, or fined
not exceeding two thousand dollars, or both, in the discretion of
the court; and
(2) Be ordered by the court to make restitution to the service provider not to exceed the value of unauthorized services received.
NOTE: The purpose of this bill is to require restitution when
sentencing individuals found guilty of the theft of oil, natural
gas, water, telecommunications, electric or solid waste service.
The bill also makes it a misdemeanor to acquire or make use of a
solid waste disposal service fraudulently, without the knowledge
and consent of the service provider and with the intent to avoid or
evade payment for the service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§61-3-59 is new; therefore, strike-throughs and underscoring
have been omitted.