WEST virginia legislature

2018 regular session

Introduced

Senate Bill 37

By Senators Woelfel, Trump, and Ojeda

[Introduced January 10, 2018; 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; 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:

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 breaks and enters, or enters without breaking, a dwelling house or outbuilding adjoining a dwelling with the intent to commit a violation of the criminal laws of this state is guilty of a felony and, upon conviction thereof, shall 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.

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.