WEST virginia legislature

2020 regular session

Introduced

House Bill 4668

By Delegates Miley, Lovejoy, Evans, Caputo, Waxman, Rohrbach and Worrell

[Introduced February 04, 2020; 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 §61-3B-7, relating to creating the misdemeanor crime of trespass for entering a structure that has been condemned by a municipality as unfit for human habitation; and providing criminal penalty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3B. TRESPASS.

§61-3B-7. Trespass in condemned structures; penalties.

Notwithstanding any other provision of this code to the contrary, any person who, without permission, knowingly and willfully enters a structure that has been condemned as unfit for human habitation or use by any municipal or county government, and refuses to leave or returns after being instructed to leave, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.

NOTE: The purpose of this bill is to create the crime for trespass of a condemned structure.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.