WEST virginia legislature

2020 regular session

Introduced

Senate Bill 471

By Senators Maynard and Swope

[Introduced January 15, 2020; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-3-13 of the Code of West Virginia, 1931, as amended, relating to larceny; and providing for valuation of stolen scrap copper or copper wire.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-13. Grand and petit larceny distinguished; value of scrap copper or copper wire; penalties.

(a) If a person commits simple larceny of goods or chattels of the value of $1,000 or more, such person is guilty of a felony, designated grand larceny, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and shall be fined not more than $2,500.

(b) If a person commits simple larceny of goods or chattels of the value of less than $1,000, such person is guilty of a misdemeanor, designated petit larceny, and, upon conviction thereof, shall be confined in jail for a term not to exceed one year or fined not to exceed $2,500, or both, in the discretion of the court.

(c) Notwithstanding provisions of subsections (a) and (b) of this section, if a person in the act of committing larceny involving the theft of scrap copper or copper wire damages or destroys property belonging to another, the value of the scrap copper or copper wire shall include the cost of replacement, repair or restoration of the area, building, appliance, equipment or facility from which the copper was taken.

NOTE: The purpose of this bill is to provide for valuation of stolen scrap copper or copper wire for penalty purposes.

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