H. B. 2783
(By Delegates Kominar, Dalton,
Shelton and Proudfoot)
[Introduced March 27, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article three-a,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to shoplifting
and criminal penalties; and providing a double fine for
shoplifting of alcoholic liquors, nonintoxicating beer,
wine, tobacco products or nonprescription drugs.
Be it enacted by the Legislature of West Virginia:
That section three, article three-a, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3A. SHOPLIFTING.
§61-3A-3. Penalties.
A person convicted of shoplifting shall be punished as
follows:
(a) First offense conviction. -- Upon a first shoplifting
conviction:
(1) When the value of the merchandise is less than or equal
to five hundred dollars, the person is guilty of a misdemeanor
and shall be fined not more than two hundred fifty dollars.
(2) When the value of the merchandise exceeds five hundred
dollars, the person is guilty of a misdemeanor and shall be fined
not less than one hundred dollars nor more than five hundred
dollars, and such the fine shall may not be suspended, or the
person shall be confined in jail not more than sixty days, or
both. However, when the merchandise is alcoholic liquors,
nonintoxicating beer, wine, tobacco products or nonprescription
drugs the fine in subdivisions (1) and (2) of this subdivision
shall be doubled.
(b) Second offense conviction. -- Upon a second shoplifting
conviction:
(1) When the value of the merchandise is less than or equal
to five hundred dollars, the person is guilty of a misdemeanor
and shall be fined not less than one hundred dollars nor more
than five hundred dollars, and such the fine shall may not be
suspended, or the person shall be confined in jail not more than
six months or both.
(2) When the value of the merchandise exceeds five hundred
dollars, the person is guilty of a misdemeanor and shall be fined
not less than five hundred dollars and shall be confined in jail
for not less than six months nor more than one year.
(c) Third offense conviction. -- Upon a third or subsequent shoplifting conviction, regardless of the value of the
merchandise, the person is guilty of a felony and shall be fined
not less than five hundred dollars nor more than five thousand
dollars, and shall be imprisoned in the penitentiary for not less
than one year nor more than ten years. At least one year shall
actually be spent in confinement and not subject to probation:
Provided, That an order for home detention by the court pursuant
to the provisions of article eleven-b, chapter sixty-two of this
code may be used as an alternative sentence to the incarceration
required by this subsection.
(d) Mandatory penalty. -- In addition to the fines and
imprisonment imposed by this section, in all cases of conviction
for the offense of shoplifting, the court shall order the
defendant to pay a penalty to the mercantile establishment
involved in the amount of fifty dollars, or double the value of
the merchandise involved, whichever is higher. The mercantile
establishment shall be entitled to collect such the mandatory
penalty as in the case of a civil judgment. This penalty shall
be in addition to the mercantile establishment's rights to
recover the stolen merchandise.
(e) In determining the number of prior shoplifting
convictions for purposes of imposing punishment under this
section, the court shall disregard all such convictions occurring
more than seven years prior to the shoplifting offense in question.
NOTE: The purpose of this bill is to provide a doubled fine
for the shoplifting of alcoholic liquors, nonintoxicating beer,
wine, tobacco products or nonprescription drugs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.