COMMITTEE SUBSTITUTE
FOR
H. B. 2473
(By Delegates Staton, Damron, Kuhn, Trump, Campbell and Laird)
(Originating in the Committee on the Judiciary)
[March 11, 1997]
A BILL to amend and reenact sections one, two, three, four, five and six, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections seven and eight, all relating to the crime of arson generally, modifying penalties;
changing fines; modifying elements for arson crimes; providing
definitions; creating felony offenses for injuries to persons injured during the commission of an arson crime and providing penalties therefor; and establishing reimbursement for the expenses of arson suppression.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five and six, article
three, chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto two new
sections, designated sections seven and eight, all to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-1. Burning, etc., of a dwelling or outbuilding; first degree
arson; penalty; definitions.
(a) Any person who wilfully willfully and maliciously sets
fire to or burns, or who
causes to be burned, or who aids,
counsels, or procures, persuades, incites, entices or solicits any
person the burning of to burn,
any dwelling, house whether
occupied, unoccupied or vacant, or any kitchen, shop, barn, stable
or other outhouse that is parcel thereof, or belonging to or
adjoining thereto
outbuilding,
whether the property of himself or
herself or of another, shall be guilty of arson in the first
degree, and upon conviction thereof, be sentenced to the
penitentiary for a definite term of imprisonment which is not less
than two nor more than twenty years. A person imprisoned pursuant
to this section is not eligible for parole prior to having served
a minimum of two years of his or her sentence or the minimum period
required by the provisions of section thirteen, article twelve,
chapter sixty-two, whichever is greater.
(b) As used in subsection (a) of this section:
(1)"Dwelling" means any building or structure intended for
habitation or lodging
in whole or in part,
regularly or occasionally, and shall include, but not be limited to, any house,
apartment, hotel, dormitory, hospital, nursing home,
jail, prison,
mobile home, house trailer, modular home, factory-built home or
self-propelled motor home
;
(2) "Outbuilding" means any building or structure which
adjoins, is part of, belongs to, or is used in connection with a
dwelling, and shall include, but not be limited to, any garage,
shop, shed, barn or stable.
§61-3-2. Burning, etc., of other buildings or structures; second
degree arson; penalty.
Any person who wilfully willfully and maliciously sets fire to
or burns,
or who causes to be burned, or who aids, counsels, or
procures, persuades, incites, entices or solicits any person the
burning of to burn,
any
building or structure of any class or
character, whether the property of
himself
or herself or of
another, not included or prescribed in the preceding section, shall
be guilty of arson in the second degree, and upon conviction
thereof, be sentenced to the penitentiary for a definite term of
imprisonment which is not less than one nor more than ten years.
A person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence or the minimum period required by the provisions of
section thirteen, article twelve, chapter sixty-two, whichever is
greater.
§61-3-3. Burning personal property of another of the value of five hundred dollars or more; third degree arson; penalty.
Any person who wilfully willfully and maliciously sets fire to
or burns, or who causes to be burned, or who aids, counsels, or
procures, persuades, incites, entices or solicits any person the
burning of to burn,
any
personal property of any class or
character,
(such property being of the value of not less than fifty
dollars five hundred dollars, and the property of another person),
shall be guilty of arson in the third degree, and upon conviction
thereof, be sentenced to the penitentiary for a definite term of
imprisonment which is
not less than one nor more than three years.
A person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence.
§61-3-4. Attempt to commit arson; fourth degree arson; penalty.
(a) Any person who wilfully willfully and maliciously attempts
to set fire to, or attempts to or burn, or attempts to cause to be
burned, or attempts to aid, counsel, or procure, persuade,
incite, entice or solicit
any person the burning of to burn, any of
the buildings, structures, or personal property mentioned in the
foregoing sections,
or who commits any act preliminary thereto, or
in furtherance thereof, shall be guilty of arson in the fourth
degree, and upon conviction thereof be sentenced to the
penitentiary for a definite term of imprisonment which is
not less
than one nor more than two years, or fined not to exceed one thousand dollars
two thousand five hundred
dollars, or both.
A
person imprisoned pursuant to this section is not eligible for
parole prior to having served a minimum of one year of his or her
sentence.
(b) The placing or distributing of any inflammable, explosive
or combustible material or substance, or any device in any
building, structure or personal property mentioned in the foregoing
sections, in an arrangement or preparation with intent to
eventually, wilfully willfully and maliciously, set fire to or
burn, same or to cause to be burned, or to aid, counsel, procure,
persuade, incite, entice or solicit
the setting fire to or burning
of same
any building, structure or personal property mentioned in
the foregoing sections
shall, for the purposes of this section,
constitute an attempt to burn such that building, structure or
personal property.
§61-3-5. Burning, or attempting to burn, insured property; penalty.
Any person who wilfully willfully and with intent to injure or
defraud the an insurer
sets fire to or burns, or attempts so to do,
or causes to be burned, or who aids, counsels, or procures,
persuades, incites, entices or solicits any person the burning of
to burn,
any building, structure or personal property, of any class
or character, whether the property of himself or herself or of
another, which shall at the time be insured or which is believed by
the person committing an act prohibited by this section to be
insured by any person against loss or damage by fire, shall be guilty of a felony and, upon conviction thereof, be sentenced to
the penitentiary for
a definite term of imprisonment which is
not less than one nor more than five years or fined not to exceed ten
thousand dollars, or both. A person imprisoned pursuant to this
section is not eligible for parole prior to having served a minimum
of one year of his or her sentence or the minimum period required
by the provisions of section thirteen, article twelve, chapter
sixty-two, whichever is greater.
§61-3-6. Willfully, unlawfully and maliciously setting fire on
lands; penalty.
If any person willfully, unlawfully and maliciously sets fire
to any woods, fence, grass, straw or other thing capable of
spreading fire on lands, he or she shall be guilty of a felony,
and, upon conviction, shall be fined not less than one hundred
dollars nor more than five hundred dollars, and be imprisoned for
sentenced to the penitentiary for
a definite term of imprisonment
which is
not less than one year nor more than five years or fined
not to exceed five thousand dollars, or both.
He or she shall,
moreover, be liable to any person injured thereby, or in
consequence thereof, for double the amount of damages sustained by
such person.
A person imprisoned pursuant to this section is not
eligible for parole prior to having served a minimum of one year of
his or her sentence or the minimum period required by the
provisions of section thirteen, article twelve, chapter sixty-two,
whichever is greater.
§61-3-7. Causing injuries during an arson-related crime; separate crime; penalties.
In addition to any other offense set forth in this article,
the Legislature hereby declares separate and distinct offenses
under this section, and contemplates and authorizes a separate and
consecutive sentence for each violation of an offense defined in
this section and other offenses provided for in this article, as
follows:
(a) Any person who violates the provisions of sections one,
two, three, four, five or six of this article, which violation
causes bodily injury, but does not result in death, to any person
shall be guilty of a felony and upon conviction thereof, shall be
sentenced to the penitentiary for a definite term of imprisonment
which is not less than two nor more than ten years, or fined not
more than five thousand dollars, or both.
A person imprisoned
pursuant to this section is not eligible for parole prior to having
served a minimum of two years of his or her sentence or the minimum
period required by the provisions of section thirteen, article
twelve, chapter sixty-two, whichever is greater; or
(b) Any person who violates the provisions of sections one,
two, three, four, five or six of this article, which violation
causes serious bodily injury which maims, disfigures, or disables
any person, but does not result in death, shall be guilty of a
felony and upon conviction thereof, shall be sentenced to the
penitentiary for a definite term of imprisonment which is not less
than three nor more than fifteen years, or fined not more than ten thousand dollars, or both.
A person imprisoned pursuant to this
section is not eligible for parole prior to having served a minimum
of three years of his or her sentence or the minimum period
required by the provisions of section thirteen, article twelve,
chapter sixty-two, whichever is greater.
§61-3-8. Recovery of costs incurred in fighting fires caused by
arson.
Any person convicted of any felony enumerated in sections one,
two, three, four, five or six of this article may be ordered to
reimburse
any fire department or company
for the costs expended to
control, extinguish and suppress the arson fire, and all reasonable
costs associated therewith, including but not limited to, costs for
the personal services rendered by any employees of any fire
department or company, and operating costs of equipment and
supplies used to control, extinguish, or suppress the fire.
NOTE: The purpose of this bill is to
provide definite term
sentences, to change fines, to modify elements, to add definitions,
to create felony offenses for injuries to persons injured during
the commission of an arson crime and to provide penalties therefor;
and to provide for reimbursement for the expenses of arson
suppression.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§ 7 and 8 are new; therefore underlining and strike-throughs
have been omitted.