SB 622 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 622
(By Senators Jenkins, Kessler, McKenzie, Sprouse and Plymale)
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[Originating in the Committee on Energy, Industry and Mining;
reported February 23, 2007.]
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A BILL to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-3-59, all relating to theft of oil, natural gas, water, telecommunications, electric and solid waste service; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:
That §61-3-45 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §61-3-59, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Tampering with pipes, tubes, wires or electrical conductors; penalty.

Every person who, with intent to injure or defraud, connects, or causes to be connected, any pipe, tube, wire, electrical conductor or other instrument with any main, service pipe, or other pipe or conduit or flume for conducting water, or with any main, service pipe, or other pipe or conduit for conducting oil, natural gas, or with any main, service wire or other electric conductor used for the purpose of conducting electric energy for light, heat or motive services, for the purpose of taking therefrom water, oil, natural gas, telecommunications service, or electric energy, without the knowledge of the owner thereof and with intent to evade payment therefor, is guilty of a misdemeanor, and, upon conviction thereof, shall:
(1) Be confined in jail not exceeding twelve months, or fined not exceeding two thousand dollars, or both, in the discretion of the court; and
(2) Be ordered by the court to make restitution to the service provider not to exceed the value of unauthorized services received.

§61-3-59. Theft of solid waste service.

A person who acquires or makes use of solid waste disposal service fraudulently, without the knowledge and consent of the service provider and with the intent to avoid or evade payment for the service, is guilty of a misdemeanor, and, upon conviction thereof, shall:
(1) Be confined in jail not exceeding twelve months, or fined not exceeding two thousand dollars, or both, in the discretion of the court; and
(2) Be ordered by the court to make restitution to the service provider not to exceed the value of unauthorized services received.

NOTE: The purpose of this bill is to clarify the criminal offenses regarding the theft of oil, natural gas, water, telecommunications, electric and solid waste service; and to provide penalties.

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