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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[Originating in the Committee on the Judiciary;
reported March 26, 2009.]
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A BILL to amend and reenact §61-3-12
of the Code of West Virginia,
1931, as amended, relating to 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.
Be it enacted by the Legislature of West Virginia:
That §61-3-12 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, or any railroad or traction car, propelled by
steam, electricity or otherwise, or any steamboat or other boat or
vessel, 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 or any public
utility or telecommunication lines, substations, distribution or
transmission poles, or towers or property owned or leased by any
utility or oil and gas company producing, compressing, distributing
or transporting oil or natural gas, 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.
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(NOTE: The purpose of this bill is to add certain properties
and structures to places where illegal entry into or upon will
constitute breaking and entering or entering without breaking.
Strike-throughs indicate deleted text; underline indicates
added text.)