Senate Bill No. 682
(By Senators Plymale and Jenkins)
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[Introduced March 23, 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-11a; and to
amend and reenact §61-3-12 of said code, all relating to
the
manufacture or possession of burglary tools; penalties; and
extending criminal penalties
for prohibited entry
upon
commercial property enclosed by a fence or similar physical
barrier
.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-11a; and that
§61-3-12 of said code be amended and reenacted, all to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Manufacture or possession of burglary tools; penalties.
If any person manufactures or has in his or her possession any
tool, instrument or other thing adapted, designed or commonly used
for committing, advancing or facilitating offenses involving unlawful entry into a premises, theft by a physical taking, or
offenses involving forcible breaking of safes or other containers
or safe-like depositories of property, under circumstances that
manifest or demonstrate an intent to use, or has knowledge that
another person intends to use the same in the commission of an
offense of the same kind or character, that person is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $500 or confined in jail for not greater than six months, or
both fined and confined.
§61-3-12. Entry of building other than dwelling; entry of
railroad, traction or motorcar, steamboat or other
vessel; penalties; counts in indictment.
If any person shall, at any time, break and enter, or shall
enter without breaking, any office, shop, underground coal mine,
storehouse, warehouse, banking house, or any house or building,
other than a dwelling house or outhouse adjoining thereto or
occupied therewith, or any railroad or traction car, propelled by
steam, electricity or otherwise, or any steamboat or other boat or
vessel
or any commercial property enclosed by a fence, wall or
other structure erected with the intent of the property owner of
protecting or securing the area within and its contents from
unauthorized persons,
within the jurisdiction of any county in this
state, with intent to commit a felony or any larceny, he or she
shall be deemed guilty of a felony and, upon conviction, shall be
confined in a state correctional facility not less than one nor
more than ten years. And if any person shall, at any time, break and enter, or shall enter without breaking, any automobile,
motorcar or bus, with like intent, within the jurisdiction of any
county in this state, he or she shall be guilty of a misdemeanor,
and, upon conviction, shall be confined in jail not less than two
nor more than twelve months and be fined not exceeding $100.
An indictment for burglary may contain one or more counts for
breaking and entering, or for entering without breaking, the house
or building mentioned in the count for burglary under the
provisions of this and the preceding section and section eleven of
this article.
NOTE: The purpose of this bill is to make the manufacture or
possession of burglary tools a criminal act. The bill establishes
penalties. The bill also extends criminal penalties for prohibited
entry upon commercial property enclosed by a fence or similar
physical barrier.
§61-3-11a is new; therefore, strike-throughs and underscoring
have been omitted.
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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