H. B. 2416
(By Delegates Love and Riggs, By Request)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article seven, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
any sentence to jail imposed for a criminal violation of
chapter twenty may be for less than the minimum ten days now
required.
Be it enacted by the Legislature of West Virginia:
That section nine, article seven, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-9. Violations of chapter generally; penalties.
Any person violating any of the provisions of this chapter
or rules
and regulations promulgated under the provisions of this chapter, the punishment for which is not prescribed, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall for
each offense be fined not less than twenty nor more than three
hundred dollars, or confined in jail not
less than ten nor more
than one hundred days, or be both fined and imprisoned within the
limitations aforesaid, and, in the case of a violation by a
corporation, every officer or agent thereof directing or engaging
in such violation shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be subject to the same penalties and
punishment as herein provided:
Provided, That any person
violating subdivision three, section five, article two of this
chapter shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor
more than five hundred dollars and shall be imprisoned for not
less than ten days nor more than one hundred days:
Provided,
however, That any person violating sections forty-three and
forty- five, article two of this chapter shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than fifty dollars nor more than three hundred dollars, or
confined in jail not
less than ten nor more than one hundred
days, or both fined and imprisoned within the limitations
aforesaid:
Provided further, That any person violating any
parking or speeding regulations as promulgated by the director on
any state parks, state forests, public hunting and fishing areas and all other lands and waters owned, leased or under the control
of the department of natural resources, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than two nor more than one hundred dollars, or imprisoned in
the county jail not more than ten days, or both fined and
imprisoned.
NOTE: The purpose of this bill is to remove the requirement
that a person convicted of particular criminal offenses under
chapter twenty (natural resources) who is sentenced to jail must
be sentenced for at least ten days.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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