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Introduced Version House Bill 2427 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 2427

 

                        (By Delegates Cadle, Foster, Hamrick, Moffatt, R. Smith,

                           Zatezalo, McGeehan, Blair, Ihle, Hill and Faircloth)


                        [Introduced January 27, 2015; referred to the

                        Committee on the Judiciary.]

 

 

A BILL to amend and reenact §61-3-30 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for destruction or theft of election campaign advertising.

Be it enacted by the Legislature of West Virginia:

            That §61-3-30 of the Code of West Virginia, 1931, 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, election campaign advertising and of certain no trespassing signs; penalties.

            (a) If any person unlawfully, but not feloniously, takes and carries away, or destroys, injures or defaces any property, real or personal, of another, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in the county or regional jail not more than one year, or both fined and imprisoned: Provided, That a person who unlawfully, but not feloniously, takes, carries away, destroys, injures or defaces election campaign advertising of another, valued at less than $2,500, is guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $300 nor more than $2,500, or confined in jail no more than one year, or both fined and confined.

            (b) Any person who unlawfully, willfully and intentionally destroys, injures or defaces the real or personal property of one or more other persons or entities during the same act, series of acts or course of conduct causing a loss in the value of the property in an amount of $2,500 or more, is guilty of the felony offense of destruction of property and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in the state correctional facility for not less than one year nor more than ten years, or in the discretion of the court, confined in the county or regional jail not more than one year, or both fined and imprisoned.

            (c) If any person 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 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 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than $200, or confined in the county or regional jail not less than one nor more than six months, or both fined and imprisoned. Magistrates have concurrent jurisdiction of all offenses arising under the provisions of this section. The provisions of this paragraph do 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 increase penalties for destruction or theft of election campaign advertising.


            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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