COMMITTEE SUBSTITUTE

FOR

H. B. 3049

(By Mr. Speaker, Mr. Kiss, and Delegates Beach,

Pino, Stalnaker, Amores, Poling, Varner and Stemple)

(Originating in the Committee on the Judiciary)


[March 24, 2005]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9C, relating to creating a new crime of wanton endangerment involving the use of fire; and imposing a criminal penalty.

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 §61-2-9C, to read as follows:
ARTICLE 3. CRIMES AGAINST THE PERSON.
§61-2-9C. Wanton endangerment involving the use of fire; penalty.
Any person who wantonly performs any act with the use of fire which creates substantial risk of death or serious bodily injury to another, is guilty of a felony and, upon conviction, shall be committed to the custody of the Division of Corrections for not less than one year nor more than five years or fined not less than two hundred and fifty dollars nor more than two thousand five hundred dollars or both fined and imprisoned.



NOTE: The purpose of this bill is to create a new crime of wanton endangerment involving the use of fire; and to impose a criminal penalty for such crime.

This section is new; therefore, strike-throughs and underscoring have been omitted.