West Virginia 2023 Regular Session

West Virginia House Bill HB2629

Introduced
1/17/23  

Caption

Relating to criminal trespass

Impact

The implications of HB2629 are significant as they would alter the current landscape of property law in West Virginia. By instituting higher fines for trespassing, the bill aims to strengthen the deterrent effect against property violations. Property owners would feel more secure knowing that laws have become more stringent, potentially reducing instances of trespassing and related issues. The bill could also lead to an increased number of misdemeanor charges related to trespassing, which may affect the judicial system's workload.

Summary

House Bill 2629 aims to amend existing laws regarding criminal trespass in West Virginia. The bill proposes increasing the fines associated with various levels of criminal trespass, which would enhance penalties for individuals who unlawfully enter or remain on private property. The changes include a structured fine system that escalates with repeated offenses and delineates specific actions that would categorize someone as a trespasser, including entering condemned structures. This legislative effort seeks to deter unwanted entry and protect property rights.

Sentiment

The sentiment surrounding HB2629 appears to be predominantly supportive among property owners and stakeholders advocating for tougher law enforcement on property rights. Supporters argue that the bill is essential for safeguarding private property and instilling respect for legal boundaries. However, there may be a counter-narrative among civil rights advocates concerned about the potential for overreach and the implications for lawful assembly—especially relating to protests and civil rights expressions, which may intersect with the definitions of trespassing outlined in the bill.

Contention

Notably, HB2629 has sparked discussions around its definitions and the potential consequences of increased fines. Critics are cautious about how the law could unintentionally suppress lawful activities, particularly in contexts where community gatherings occur. Additionally, the provision that would hold individuals liable for doubled damages during trespass could be contentious, particularly in labor disputes or situations where individuals assert their rights to protest. Lawmakers will need to address these concerns to ensure that the bill is balanced and respects civil liberties while enhancing property protections.

Companion Bills

No companion bills found.

Similar Bills

HI SR195

Urging The City And County Of Honolulu To More Vigorously Enforce Existing Trespass Laws.

HI SCR202

Urging The City And County Of Honolulu To More Vigorously Enforce Existing Trespass Laws.

WV HB4273

Related to fines for trespassing

HI SB128

Relating To Trespass.

UT SB0055

Unauthorized Use of Real Property Amendments

UT HB0126

Unauthorized Use of Residential Real Property Modifications

HI HB1355

Relating To Civil Trespass.

HI HB1355

Relating To Civil Trespass.