HB 4373 Text

COMMITTEE SUBSTITUTE

FOR
H. B. 4373
(By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Browning, Foster, Beane, Crosier and Varner)
( Originating in the Committee on the Judiciary)

[February 11, 2004]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-3-10, relating to making it a crime to alter a traffic-control device with an infrared or electronic device; and providing for penalties.

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 §17C-3-10, to read as follows:

ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.

§17C-3-10. Interference with official traffic-control devices by infrared or electronic devices.

(a) The use of a mobile infrared transmitter (MIRT), or any type of infrared or electronic device capable of changing a traffic control signal, by anyone other than the operator of an authorized emergency vehicle , is prohibited.
(b) Any person in violation of subsection (a) is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county or regional jail not more than three days, or both fined and confined; and upon a second conviction thereof, shall be fined not more than one thousand dollars or confined in the county or regional jail not more than six days, or both fined and confined.
(c) Any person who is convicted of a third or subsequent violation of the provisions of subsection (a), is guilty of a felony and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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