Enrolled Version - Final Version
Senate Bill 761 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
Senate Bill No. 761
(By Senators Jenkins, Browning, Chafin, Foster, Kessler, Laird, Minard,
Oliverio, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Caruth, Deem
and Hall
)
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[Passed April 10, 2009; in effect ninety days from passage.]
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AN ACT to amend and reenact §61-3-12
and §61-3-29 of the Code of
West Virginia, 1931, as amended, relating to crimes committed
on or against commercial, railroad or public utility property;
extending criminal penalties for prohibited entry upon
commercial property enclosed by a fence or similar physical
barrier or upon certain structures used for utility
transmission or distribution;
clarifying the offense of
breaking and entering or entering without breaking onto public
utility property that is enclosed or fenced, with the intent
to commit a felony or larceny; establishing the felony offense
of knowingly and willfully damaging and destroying utility or
railroad property, resulting in the creation of a substantial
risk of serious bodily injury to another; and criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That §61-3-12 and §61-3-29 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 3.CRIMES AGAINST PROPERTY.
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, any railroad or traction car, propelled by
steam, electricity or otherwise, any steamboat or other boat or
vessel, or any commercial, industrial or public utility 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 section and section eleven of this article.
§61-3-29. Damage or destruction of railroad or public utility
company property, or real or personal property used
for producing, generating, transmitting,
distributing, treating or collecting electricity,
natural gas, coal, water, wastewater, stormwater,
telecommunications or cable service; penalties;
restitution.
(a) Any person who knowingly and willfully damages or destroys
any real or personal property owned by a railroad company, or
public utility company, or any real or personal property used for
producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, coal, water, wastewater,
stormwater, telecommunications or cable service, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $2,000, or confined in jail not more than one year, or both
fined and confined.
(b) Any person who knowingly and willfully: (1) Damages or
destroys any real or personal property owned by a railroad company, or public utility company, or any real or personal property used
for producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, coal, water, wastewater,
stormwater, telecommunications or cable service; and (2) creates a
substantial risk of serious bodily injury to another or results in
the interruption of service to the public is guilty of a felony
and, upon conviction thereof, shall be fined not more than $5,000,
or confined in a state correctional facility not less than one nor
more than three years, or both fined and imprisoned.
(c) Any person who knowingly and willfully: (1) Damages or
destroys any real or personal property owned by a railroad company,
or public utility company, or any real or personal property used
for producing, generating, transmitting, distributing, treating or
collecting electricity, natural gas, coal, water, wastewater,
stormwater, telecommunications or cable service; and (2) causes
serious bodily injury to another is guilty of a felony and, upon
conviction thereof, shall be fined not less than $5,000 nor more
than $50,000, or confined in a state correctional facility not less
than one nor more than five years, or both fined and imprisoned.
(d) Nothing in this section may be construed to limit or
restrict the ability of an entity referred to in subsection (a),
(b) or (c) of this section or a property owner or other person who
has been damaged or injured as a result of a violation of this
section from seeking recovery for damages arising from violation of this section.
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