WEST virginia legislature

2017 regular session

Introduced

Senate Bill 80

By Senators Woelfel, Plymale and Jeffries

[Introduced February 8, 2017; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to burglary; and increasing the length of imprisonment for entering a dwelling house or adjoining outhouse during the daytime without breaking from one to ten years to one to fifteen years.

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 is a felony. and, any A person convicted thereof of burglary shall be confined imprisoned in the penitentiary a state correctional facility not less than one nor more than fifteen years. If any a person, shall in the nighttime, break and enter, or enter breaks and enters, or enters without breaking, or, shall in the daytime, break and enter breaks and enters, or enters without breaking, the dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he shall be deemed or she is guilty of burglary.

(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.

NOTE: The purpose of this bill is to equalize the criminal penalty for entering without breaking regardless of the time of day.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.