Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                Introduced House Bill 5130
               By Delegate Foster [Introduced January 25, 2024; Referred to the Committee on the Judiciary]
     Intr HB 5130
  A BILL to amend and reenact §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as
         amended, all relating to increasing fines for criminal trespass.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE                                        3B.                                      TRESPASS.
     §61-3B-2. Trespass in structure or conveyance.
         (a) Any person who knowingly enters in, upon, or under a structure or conveyance without
  being authorized, licensed, or invited, or having been authorized, licensed, or invited is requested
  to depart by the owner, tenant, or the agent of the owner or tenant, and refuses to do so, is guilty of
  a misdemeanor, and, upon conviction thereof, shall be fined not more than $100.
         (b) Notwithstanding the provisions of subsection (a) of this section, any person who,
  without permission, knowingly and willfully enters a structure which has a clear posting that the
  structure has been condemned by any municipal or county government as unfit for human
  habitation or use, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more
  than $100, or confined in jail not more than six months, or both fined and confined: Provided, That
 for any first violation of this subsection offense of trespass on condemned property, a court may
 substitute community service or pretrial diversion in lieu of a fine or confinement for trespassing
 on condemned property.
        (c) If the offender is armed with a firearm or other dangerous weapon while in the structure
 or conveyance, with the intent to do bodily injury to a human being in the structure or conveyance
 at the time the offender knowingly trespasses, the offender, notwithstanding the provisions of §61-
 7-1 of this code, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less
 than $100 nor more than $500 or be confined in jail for not more than one year, or both fined and
 confined.
     §61-3B-3.      Trespass on     property other than structure or    conveyance.
         (a) It is an unlawful trespass for any person to knowingly, and without being authorized,
  licensed, or invited, to enter or remain on any property, other than a structure or conveyance, as to
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     Intr HB 5130
  which notice against entering or remaining is either given by actual communication to such person
  or by posting, fencing or cultivation.
         (b) First offense conviction. — Upon a first trespassing conviction pursuant to subsection
  (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $100 nor
  more than $500.
         (c) Second offense conviction. — Upon a second trespassing conviction pursuant to
  subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less
 than $500 nor more than $1,000.
        (d) Third offense conviction. — Upon a third and subsequent trespassing conviction
 pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined
 not less than $1,000 nor more than $1,500.
        (e) If the offender defies an order to leave, personally communicated to him or her by the
 owner, tenant or agent of such owner or tenant, or if the offender opens any door, fence or gate,
 and thereby exposes animals, crops or other property to waste, destruction or freedom, or causes
 any damage to property by such trespassing on property other than a structure or conveyance, he
 or she is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 nor more
 than $500, confined in jail for not more than six months, or both fined and confined.
        (f) If the offender is armed with a firearm or other dangerous weapon with the unlawful and
 felonious intent to do bodily injury to a human being during his or her commission of the offense of
 trespass on property other than a structure or conveyance, such offender, notwithstanding §61-7-1
 of this code, is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more
 than six months, fined not more less than $100, or both confined and fined.
        (g) Notwithstanding and in addition to any other penalties provided by law, any person who
 performs or causes damage to property in the course of a willful trespass shall be liable to the
 property owner in the amount of twice the amount of such damage. However, this article shall not
 apply in a labor dispute.
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     Intr HB 5130
        (h) Nothing in this section may be construed to prevent lawful assembly and petition for the
 redress of grievances, during any dispute, including, but not limited to, activities protected by the
 West Virginia Constitution or the United States Constitution or any statute of this state or the
 United States.
            NOTE: The purpose of this bill is to provide for increased fines for criminal trespass.
            Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 61-3B-2, 61-3B-3