SB635 SFA #2 Ihlenfeld 2-19
Skinner 7816
Senator Ihlenfeld moved to amend the bill on page thirty-two, section thirty-five, after line one hundred twenty-five, by inserting two new sections, designated sections forty-three and forty-four, to read as follows:
§22A-1-43. Hold harmless clause; decision to enter mine
(a) If any injury or death shall occur to any person who has entered any mine, whether active workings or abandoned workings, without permission, neither
(1) The owner of that mine or property; nor
(2) The State of West Virginia or any of its political subdivisions, or any agency operating under color of law thereunder; nor
(3) Any person, organization, or entity involved in any rescue or attempted rescue of such person who has committed an entry without permission, shall be held liable in any court or other forum for such injury or death.
(b) There is no requirement for company or state personnel to conduct rescue operations when conditions in the active, closed, or abandoned mine are too dangerous. The decision on whether a mine is too dangerous to enter for rescue operations shall be made by the Director and shall not be reviewable by a court of this state.
§22A-1-44. Temporary exemption for environmental regulations.
In the event of an unauthorized entry by any person or persons into any mine whether active workings or abandoned workings, neither the owner of that mine or property, nor any other person, organization, or entity involved in any rescue or attempted rescue of such person, may be held liable for any violation of any environmental regulation, if such violation occurred as part of any rescue efforts.;
And,
On page forty-two, section five, after line twenty-one, by striking out the remainder of the bill and inserting in lieu thereof the following:
§22A-8-10. Loss of certification for unlawful trespass.
Upon a conviction under the provisions of §61-3B-6 of this code, the certification of any person certified under the provision of §22A-8-1 et seq. of this code, including a safety sensitive certification issued pursuant to 56 CSR 19, shall be deemed revoked and person shall be permanently barred from holding a certification under the provisions of §22A-8-1 et seq. of this code.
Chapter 61. Crimes and Their Punishment.
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, any
railroad or traction car, propelled by steam, electricity or otherwise, any
steamboat or other boat or vessel, or 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, 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 section and section eleven of this article.
Article 3B. Trespass.
§61-3B-6. Mine trespass; penalties.
(a) A person who willfully enters any surface or underground coal mine, whether active workings or abandoned workings, without permission, and with the intent to commit a felony or any larceny, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than one week and not more than one month and shall be fined not less than $1,000 nor more than $5,000. For a second conviction the person shall be guilty of a felony and shall be confined in a correctional facility not less than one year and not more than five years and shall be fined not less than $5,000 nor more than $10,000. For a third or subsequent conviction, the person is guilty of a felony and shall be confined in a correctional facility not less than five year and not more than ten years and shall be fined not less than $10,000, nor more than $25,000.
(b) A person who violates subsection (a) and during any rescue efforts for any such person, there occurs an injury that causes substantial physical pain, illness or any impairment of physical condition to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one week and not more than one year and shall be fined not less than $1,000 nor more than $5,000: Provided, That such jail term shall include actual confinement of not less than seven days.
(c) A person who violates subsection (a) and during any rescue efforts for any such person, there occurs an injury that creates a substantial risk of death, causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ to any person other than himself or herself, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility for not less than two nor more than 10 years and shall be fined not less than $5,000 nor more than $10,000.
(d) A person who violates subsection (a) and during any rescue efforts of such person, the death of any person occurs, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility for not less than three nor more than 15 years and shall be fined not less than $10,000 nor more than $25,000.
(e) The terms “mine”, “active workings”, and “abandoned workings” have the same meaning ascribed to such terms as set forth in §22A-1-2 of this code.
(f) The provisions of this section shall not apply in a labor dispute.
Adopted
Rejected