WEST virginia Legislature

2020 regular session

Introduced

Senate Bill 13

By Senators Azinger and Tarr
 [Introduced January 8, 2020; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for burglary if a crime against another person is committed during the burglary.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-11. Burglary; entry of dwelling or outhouse; penalties.

(a) Any person who breaks and enters, or enters without breaking, a dwelling house or outbuilding adjoining a dwelling with the intent to commit a violation of the criminal laws of this state is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than 15 years.

(b) The term “dwelling house”, as used in §61-3-11(a) of this code, includes, but is not limited to, a mobile home, house trailer, modular home, factory-built home, or self-propelled motor home, used as a dwelling regularly or only from time to time, or any other nonmotorized vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.

(c) If during the course of a burglary a crime against another person is committed, any person so convicted shall be confined in a state correctional facility for not less than two nor more than 20 years.

NOTE: The purpose of this bill is to increase the penalty for burglary if a crime against another person is committed during the burglary.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.