H. B. 2203
(By Delegate Walters (By Request))
[Introduced February 24, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section thirty, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
special penalty provisions for children under the age of
eighteen and over the age of fifteen; providing that for a
first offense an offender is required to make restitution;
providing that restitution must be made within eighteen
months from the conviction date; providing that parents of
persons less than eighteen cannot pay restitution on behalf
of such persons; providing penalties for second and
subsequent offenses; providing that offenders may be
transferred to adult status; and deleting unnecessary
language.
Be it enacted by the Legislature of West Virginia:
That section thirty, article three, 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 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property,
monuments designating land boundaries and of
certain no trespassing signs; penalties.
(a) If any person unlawfully, but not feloniously, take and
carry away, or destroy, injure or deface any property, real or
personal, not his or her own, he or she shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars, or imprisoned in the county jail not
more than one year, or both fined and imprisoned.
(b) Any person under the age of eighteen years and older
than fifteen years who violates the provisions of subsection (a)
shall, upon conviction for a first offense, make restitution to
the owner of the subject property, in the full amount of the cost
to repair the property, or the cost to replace it, as the case
may be and which is required to adequately compensate the owner.
The offender shall, in addition, be required to perform ten hours
of community service as prescribed by the court. For any second
or subsequent offenses, upon conviction therefor, the
offender shall make restitution to the owner of the subject property in an amount equal to twice the value of the cost to
repair the property, or twice the cost to replace it, as the case
may be: Provided, That any time an offender is ordered to make
restitution subject to this section, he or she shall do so within
eighteen months of the adjudication of guilt: Provided, however,
That under no circumstances may the parents of any person who is
under the age of eighteen, convicted hereunder, pay the
restitution from their own funds. The offender shall, in
addition, be required to perform not less than thirty, nor more
than fifty hours of community service, as prescribed by the
court. In addition to the requirement of restitution and
community service, the prosecuting attorney for the county in
which the person was charged may move the circuit court presiding
in the county to transfer the accused offender to adult status,
and upon the granting of the motion, the offender shall be
prosecuted as an adult, subject to the penalty provisions set
forth in subsection (c) for second and subsequent offenses.
(c) In the event a person commits a second or subsequent
violation of the provisions of subsection (a) of this section,
upon conviction thereof, he or she shall be guilty of a felony
punishable by a fine not less than twice the cost to repair the
property, or twice the cost to replace the property in the event
the property cannot be repaired for less than the cost of replacement, or he or she shall be sentenced to a term of
imprisonment in the correctional center at Huttonsville for not
less than one nor more than three years, or both fined and
imprisoned.
If any person shall break down, destroy, injure, deface or
remove any monument erected for the purpose of designating the
boundaries of a municipality, tract or lot of land, or any tree
marked for that purpose, or any sign or notice upon private
property designating no trespassing upon such the property,
except signs or notices posted in accordance with the provisions
and purposes of sections seven, eight and ten, article two,
chapter twenty of this code, he or she shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than twenty dollars nor more than two hundred dollars, or
imprisoned in the county jail not less than one nor more than six
months, or both fined and imprisoned. Justices of the peace and
magistrates shall have concurrent jurisdiction of all offenses
arising under the provisions of this section. The provisions of
this paragraph shall do not apply to the owner, or his agent, of
the lands on which such these signs or notices are posted.
NOTE: The purpose of this bill is to include penalty
provisions specifically for persons under eighteen, but older
than fifteen. The bill also creates a felony for second and
subsequent violations of subsection (a).
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.