H. B. 4285
(By Delegate Howard)
[Introduced January 31, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-11a, relating
to the creation of the criminal offense of manufacture or
possession of burglar's tools.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-11a, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11a. Manufacture or possession of burglar's tools; penalty.
(a) A person is guilty of manufacture or possession of
burglar's tools when he or she manufactures or has in his or her
possession any tool, explosive, instrument or any thing adapted,
designed or commonly used for advancing or facilitating offenses of
burglary in accordance with section eleven of this article or entry
into a building other than a dwelling, a railroad, traction or
minicar, steamboat or other vessel in accordance with section twelve of this article, with the intent to use or the knowledge
that some person intends to use the tool in the commission of these
offenses.
(b) The offense of manufacture or possession of burglar's
tools is a felony and any person convicted thereof shall be
confined in a correctional facility not less than one nor more than
five years.
NOTE: The purpose of this bill is to create the offense of
manufacture or possession of burglar's tools.
§61-3-11a is new; therefore, strike-throughs and underscoring
have been omitted.