H. B. 2095
(By Delegate Schadler)
[Introduced February 14, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section thirty, article three, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to creating the
felony offense of injury, defacing or destruction of property
causing damage, destruction or diminution in value of
twenty-five hundred dollars or more; and providing penalties.
Be it enacted by the Legislature of West Virginia:
That section thirty, article three, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, 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,
take and
carry away, or destroy, injure or deface takes and carries away, or
destroys, injures or defaces any property, real or personal, not
his
or her own, he
or she shall be is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five hundred
dollars, or imprisoned in the county
or regional jail not more than
one year, or both fined and imprisoned.
(b) Any person who unlawfully, willfully and intentionally
destroys, injures or defaces property not his or her own, causing
damage, destruction or diminution in the value of the property in
an amount of twenty-five hundred dollars or more, is guilty of the
felony offense of destruction of property and, upon conviction
thereof, shall be imprisoned in the state correctional facility for
not less than one year nor more than ten years, or in the
discretion of the court, be confined in the county or regional jail
not more than one year, and shall be fined not more than
twenty-five hundred dollars, or both fined and imprisoned.
(c) If any person
shall break down, destroy, injure, deface or
remove 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
such 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
shall be is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than twenty dollars nor more than two
hundred dollars, or imprisoned in the county
or regional jail not
less than one nor more than six months, or both fined and
imprisoned.
Justices of the peace and magistrates shall
Magistrates have concurrent jurisdiction of all offenses arising
under the provisions of this section. The provisions of this
paragraph
shall may 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 create the felony offense
of destruction of property where the property damaged, defaced or
destroyed has been reduced in value by $2500 or more. Penalties
upon conviction are one to ten years in the state correctional
facility, or up to one year in jail, and/or fined up to $2500.
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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