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Introduced Version - Originating in Committee Senate Bill 761 History

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sb761 org
Senate Bill No. 761

(By Senators Jenkins, Browning, Chafin, Foster, Kessler, Laird, Minard, Oliverio, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Caruth, Deem and Hall )

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[Originating in the Committee on the Judiciary;

reported March 26, 2009.]

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A BILL to amend and reenact §61-3-12 of the Code of West Virginia, 1931, as amended, relating to extending criminal penalties for prohibited entry upon commercial property enclosed by a fence or similar physical barrier or upon certain structures used for utility transmission or distribution.

Be it enacted by the Legislature of West Virginia:
That §61-3-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3.
CRIMES AGAINST PROPERTY.

61-3-12. Entry of building other than dwelling; entry of railroad, traction or motorcar, steamboat or other vessel; penalties; counts in indictment.

If any person shall, at any time, break and enter, or shall enter without breaking, any office, shop, underground coal mine, storehouse, warehouse, banking house or any house or building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, or any railroad or traction car, propelled by steam, electricity or otherwise, or any steamboat or other boat or vessel, any commercial, industrial or public utility property enclosed by a fence, wall or other structure erected with the intent of the property owner of protecting or securing the area within and its contents from unauthorized persons or any public utility or telecommunication lines, substations, distribution or transmission poles, or towers or property owned or leased by any utility or oil and gas company producing, compressing, distributing or transporting oil or natural gas, within the jurisdiction of any county in this state, with intent to commit a felony or any larceny, he or she shall be deemed guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one nor more than ten years. And if any person shall, at any time, break and enter, or shall enter without breaking, any automobile, motorcar or bus, with like intent, within the jurisdiction of any county in this state, he or she shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than twelve months and be fined not exceeding $100.
An indictment for burglary may contain one or more counts for breaking and entering, or for entering without breaking, the house or building mentioned in the count for burglary under the provisions of this and the preceding section and section eleven of this article.
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(NOTE: The purpose of this bill is to add certain properties and structures to places where illegal entry into or upon will constitute breaking and entering or entering without breaking.

Strike-throughs indicate deleted text; underline indicates added text.)
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