COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 212

(By Senators Snyder, Green, Klempa, McCabe, Williams, Sypolt, Palumbo, Foster, Beach and Wills)

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[Originating in the Committee on the Judiciary;

reported February 22, 2012.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-49b, relating to the disruption of communications and public utility services; defining terms; and establishing criminal penalties.

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 §61-3-49b, to read as follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-49b. Disruption of communications and utilities services.

    (a) Any person who causes a disruption of communications services or public utility services by the theft or intentional damaging of communications or public utility equipment shall be guilty of a felony and, upon conviction thereof, shall be confined in a correction facility for not more than ten years, or fined not more than $10,000, or both.

    (b) As used in this section, communications and public utility equipment includes but is not limited to public safety communications towers and equipment, telephone lines, communications towers and tower equipment, radio towers and tower equipment, railroad and other industrial safety communication devices or systems, electric towers and equipment and electric transmission lines.