Committee Substitute
House Bill 2200 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2200
(By Delegate Schadler)
(
Originating in the Committee on the Judiciary)
[February 9, 2004]
A BILL to amend and reenact §61-3-30 of the code of West Virginia,
1931, as amended, relating to creating the felony offense of
injury, defacing or destruction of property causing damage,
destruction or diminution in value of twenty-five hundred
dollars or more; and providing penalties.
Be it enacted by the Legislature of West Virginia:
That §61-3-30 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-30. Removal, injury to or destruction of property, monuments
designating land boundaries and of certain no
trespassing signs; penalties.
(a) If any person unlawfully, but not feloniously, take and
carry away, or destroy, injure or deface takes and carries away, or
destroys, injures or defaces any property, real or personal, not his own of another, he or she shall be is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than five
hundred dollars, or imprisoned confined in the county or regional
jail not more than one year, or both fined and imprisoned.
(b) Any person who unlawfully, willfully and intentionally
destroys, injures or defaces the real or personal property of
another, causing a loss in the value of the property in an amount
of twenty-five hundred dollars or more, is guilty of the felony
offense of destruction of property and, upon conviction thereof,
shall be fined not more than twenty-five hundred dollars
or
imprisoned in the state correctional facility for not less than one
year nor more than ten years, or in the discretion of the court,
confined in the county or regional jail not more than one year, or
both fined and imprisoned.
(c) If any person shall break down, destroy, injure, deface or
remove breaks down, destroys, injures, defaces or removes any
monument erected for the purpose of designating the boundaries of
a municipality, tract or lot of land, or any tree marked for that
purpose, or any sign or notice upon private property designating no
trespassing upon such the property, except signs or notices posted
in accordance with the provisions and purposes of sections seven,
eight and ten, article two, chapter twenty of this code, he or she
shall be is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than twenty dollars nor more than two hundred dollars, or imprisoned confined in the county or regional
jail not less than one nor more than six months, or both fined and
imprisoned. Justices of the peace and magistrates shall
Magistrates have concurrent jurisdiction of all offenses arising
under the provisions of this section. The provisions of this
paragraph shall do not apply to the owner, or his or her agent, of
the lands on which such signs or notices are posted.
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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