WEST virginia legislature
2017 regular session
Committee Substitute
for
Senate Bill 80
By Senators Woelfel, Plymale and Jeffries
[Originating in the Committee on the Judiciary; reported on February 22, 2017]
A BILL to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to burglary; eliminating the offense of daytime burglary; making breaking and entering or entering without breaking into a dwelling or outbuilding thereof a felony regardless of time of day; and establishing the penalty for burglary.
Be it enacted by the Legislature of West Virginia:
That §61-3-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
article 3. crimes against property.
§61-3-11. Burglary; entry of dwelling or outhouse; penalties.
(a) Burglary shall be a
felony and, any person convicted thereof shall be confined in the penitentiary
not less than one nor more than fifteen years. If any person shall in the
nighttime, break and enter, or enter without breaking, or, shall in the
daytime, break and enter the dwelling house, or an outhouse adjoining thereto
or occupied therewith, of another, with intent to commit a crime therein, he
shall be deemed guilty of burglary. Any person who shall break and
enter, or enter without breaking, a dwelling house or outbuilding adjoining a
dwelling with the intent to commit a violation of the criminal laws of this
state shall be guilty of a felony and, upon conviction thereof, be imprisoned
in a state correctional facility for not less than one nor more than fifteen
years.
(b) If any person shall,
in the daytime, enter without breaking a dwelling house, or an outhouse
adjoining thereto or occupied therewith, of another, with intent to commit a
crime therein, he shall be deemed guilty of a felony, and, upon conviction,
shall be confined in the penitentiary not less than one nor more than ten years
(c) (b) The term “dwelling house”, as used in subsections
subsection (a) and (b) of this section, shall include, but not
be includes, but is not limited to, a mobile home, house trailer,
modular home, factory-built home or self-propelled motor home, used as a
dwelling regularly or only from time to time, or any other nonmotive vehicle
primarily designed for human habitation and occupancy and used as a dwelling
regularly or only from time to time.