Senate Bill No. 262
(By Senator Hunter)
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[Introduced January 25, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §61-8-14 of the Code of West Virginia,
1931, as amended, relating to providing fines imposed
following convictions for desecrating cemeteries be paid
directly to the cemetery for the purpose of repairing the
damage caused by the desecration.
Be it enacted by the Legislature of West Virginia:
That §61-8-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-14. Disinterment or displacement of dead body or part
thereof; damage to cemetery or graveyard; penalties;
damages in civil action.
(a) Any person who unlawfully disinters or displaces a dead
human body, or any part of a dead human body, placed or deposited
in any vault, mausoleum or any temporary or permanent burial place,
is guilty of a felony and, upon conviction thereof, shall be
confined in
the penitentiary or other suitable a state correctional facility for a determinate sentence of not less than two nor more
than five years.
(b) (1) Any person who intentionally desecrates any cemetery,
graveyard, mausoleum or other designated human burial site is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two thousand dollars, or confined in jail not
more than one year, or both fined and confined:
Provided, That upon
verifiable proof presented by an owner or proprietor of a cemetery
concerning the cost to repair damage that resulted from the
desecration for which a person is convicted, the court shall order
that any portion of, up to the entire fine imposed, whichever in
the discretion of the court is appropriate, be paid to the cemetery
owner or proprietor to compensate for the repairs.
(2) For the purposes of this subsection, "desecrate" means
defacing, damaging or otherwise physically mistreating in a way
that a reasonable person knows will outrage the sensibilities of
persons likely to observe or discover his or her actions.
NOTE: The purpose of this bill is to provide that
fines
imposed following convictions for desecrating cemeteries be paid
to a cemetery for the purpose of repairing damage caused by
desecration.
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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