H. B. 2742
(By Delegates Webster, Proudfoot, Stemple,
Varner, Longstreth, Kominar, Mahan,
Ellem and Schadler)
[Introduced January 30, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-11-20 of the Code of West Virginia,
1931, as amended, relating to clarifying that a second
conviction of petit larceny is a felony offense.
Be it enacted by the Legislature of West Virginia:
That §61-11-20 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-20. Second conviction for petit larceny a felony; penalty.
When a person is convicted of petit larceny, and it is alleged
in the indictment on which he
or she is convicted, and admitted, or
by the jury found, that he
or she has been before sentenced in the
United States for
the a like offense, he
or she shall be guilty of
a felony and confined in a state correctional facility for one
year. shall be sentenced to be confined in the penitentiary for the
term of one year
NOTE: The purpose of this bill is to clarify that any one
convicted of a second offense of petit larceny is guilty of a
felony.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.