H. B. 2441
(By Delegates Beach, Perry and Stemple)
[Introduced February 16, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3B-2 and §61-3B-3 of the Code of
West Virginia, 1931, as amended, all relating to increasing
the fines for trespass to structures and conveyances and to
all other tangible properties.
Be it enacted by the Legislature of West Virginia:
That §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3B. TRESPASS.
§61-3B-2. Trespass in structure or conveyance.
Any person who knowingly enters in, upon or under a structure
or conveyance without being authorized, licensed or invited, or
having been authorized, licensed or invited is requested to depart
by the owner, tenant or the agent of such owner or tenant, and
refuses to do so,
shall be is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than
one five hundred dollars.
If the offender is armed with a firearm or other dangerous
weapon while in the structure or conveyance, with the unlawful and
felonious intent to do bodily injury to a human being in
said the
structure or conveyance at the time the offender knowingly
trespasses,
such the offender
shall is, notwithstanding the
provisions of section one, article seven, chapter sixty-one of this
code,
be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than
one five hundred dollars nor more than
five hundred one thousand dollars, or be confined in
the county
jail for a period not to exceed twelve months, or both
such fine
and imprisonment fined and imprisoned.
§61-3B-3. Trespass on property other than structure or
conveyance.
(a) Any person who knowingly and without being authorized,
licensed or invited, enters or remains on any property, other than
a structure or conveyance, as to which notice against entering or
remaining is either given by actual communication to such person or
by posting, fencing or cultivation,
shall be is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than
one five hundred dollars.
(b) If the offender defies an order to leave, personally
communicated to him
or her by the owner, tenant or agent of such
owner or tenant, or if the offender opens any door, fence or gate and thereby exposes animals, crops or other property to waste,
destruction or freedom or causes any damage to property by such
trespassing on property other than a structure or conveyance, he
shall be or she is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than
one five hundred dollars nor
more than
five hundred one thousand dollars or imprisoned in
the
county jail for a period not to exceed six months, or both
such
fine and imprisonment fined and imprisoned.
(c) If the offender is armed with a firearm or other dangerous
weapon with the unlawful and felonious intent to do bodily injury
to a human being during his
or her commission of the offense of
trespass on property other than a structure or conveyance,
such
the offender
shall is, notwithstanding the provisions of section
one, article seven, chapter sixty-one of this code,
be guilty of a
misdemeanor and, upon conviction thereof, shall be
confined
imprisoned in
the county jail for a term not to exceed six months,
or fined not more than
one five hundred dollars, or both
such fine
and imprisonment fined and imprisoned.
(d) Notwithstanding and in addition to any other penalties
provided by law, any person who performs or causes damage to
property in the course of a willful trespass
shall be is liable to
the property owner in the amount of twice the amount of
such the
damage:
Provided, That the provisions of this article
shall may
not apply in a labor dispute.
NOTE: The purpose of this bill is to discourage misdemeanor
trespass by increasing the fines for those violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.