Bill Text: WV SB578 | 2024 | Regular Session | Enrolled
Bill Title: Clarifying offense of burglary
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2024-04-23 - Chapter 84, Acts, Regular Session, 2024 [SB578 Detail]
Download: West_Virginia-2024-SB578-Enrolled.html
WEST virginia legislature
2024 regular session
Enrolled
Committee Substitute
for
Senate Bill 578
By Senators Trump, Woelfel, and Deeds
[Passed March 9, 2024; in effect 90 days from passage]
AN ACT to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to clarifying that the offense of burglary involves a dwelling or outbuilding belonging to another; clarifying what constitutes a dwelling of another; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
Article 3. crimes against Property.
§61-3-11. Burglary; entry of dwelling or outhouse; criminal penalties.
(a) Any person who breaks and enters, or enters without breaking, a dwelling house of another or outbuilding adjoining the dwelling with the intent to commit a violation of the criminal laws of this state is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than 15 years.
(b) The term "dwelling house", as used in subsection (a) of this section, includes, but is not limited to, a mobile home, house trailer, modular home, factory-built home, or self-propelled motor home, used as a dwelling regularly or only from time to time, or any other nonmotorized vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.
(c) For purposes of this section, a dwelling or adjoining outbuilding is considered to be that of another if the person breaking and entering, or entering without breaking, knows that he or she is prohibited from being there.
