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Introduced Version House Bill 4303 History

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


H. B. 4303


(By Delegate Keener)

[Introduced January 30, 2002 ; referred to the

Committee on the Judiciary.]





A BILL to amend article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-b, relating to making it a felony offense for a lessee of real property to fail in having the utilities serving the leased premises to be placed in lessee's name within twenty-one days following assuming possession of the property.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-b, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-40b. Fraudulently failing or refusing to cause utilities serving rental property to be placed in lessee's name.

Any person who has entered into a written or oral lease of real property and who thereafter willfully and fraudulently refuses or fails, for a period of more than twenty-one days thereafter, to cause the utilities serving the real estate to be placed in his or her name is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one nor more than five years.


NOTE: The purpose of this bill is to make it a felony for a lessee of rental property to fraudulently fail to cause the utilities serving the property to be placed in his or her name within 21 days after the lease was made.

This section is new; therefore, strike-throughs and underscoring have been omitted.



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