COMMITTEE SUBSTITUTE
FOR
H. B. 4269
(By Delegates Fleischauer, Amores, Kominar, Caputo,
Palumbo, Brown and Faircloth
)
(Originating in the Committee on the Judiciary)
[February 6, 2004]
A BILL to amend
the code of West Virginia, 1931, as amended by
adding thereto a new section, designated §61-3-6a
,
relating to
establishing the offense of setting fires in a public right-
of-way or road
; providing a criminal penalty for violations
;
and providing for enhanced penalties for subsequent
violations.
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 §61-3-6a
, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-6a. Burning personal property in a public right-of-way or
roadway; penalties.
(a) No person may willfully and maliciously set fire to or
burn, or cause to be burned, or aid, counsel, procure, persuade,
incite, entice or solicit any other person to burn any property in
a public right-of-way or public road.
(b) Any person violating the provisions of this section is,
for the first offense, guilty of a misdemeanor and, upon
conviction, shall be fined not less than one hundred dollars nor
more than one thousand dollars or confined in a county or regional
jail for not less than twenty-four hours nor more than one year, or
both fined and confined.
(c) Any person violating the provisions of this section is,
for a second or subsequent offense, guilty of a felony and, upon
conviction, shall be fined not less than one thousand dollars nor
more than ten thousand dollars or imprisoned in a state
correctional facility
not less than one nor more than three years,
or both fined and imprisoned.