West Virginia 2024 Regular Session

West Virginia House Bill HB5222

Introduced
1/26/24  

Caption

Creating the State Property Protection Act

Impact

If enacted, HB 5222 would lead to significant changes in the state's criminal code regarding property offenses. For example, the bill stipulates that individuals committing larceny of goods valued at $1,000 or more on state property would face felony charges with increased prison terms. Similarly, damage exceeding $2,500 would also be treated as a felony offense, thus reflecting a stringent stance against vandalism and property damage involving state assets. This could potentially lead to a decrease in such offenses as perpetrators might be deterred by the risk of harsher penalties.

Summary

House Bill 5222, also known as the State Property Protection Act, aims to enhance the legal framework surrounding offenses committed on state property in West Virginia. The bill proposes to increase penalties for various crimes including trespassing and property damage when they occur on state-owned property. Specific definitions of 'state property' and the associated penalties align under newly defined sections within the West Virginia Code, primarily to deter potential offenses against state resources and infrastructure.

Sentiment

The sentiment surrounding HB 5222 appears to be supportive among legislators focused on increasing protections for state property and reducing crime rates. Proponents argue that the bill is a necessary step to safeguard public assets and promote accountability. However, discussions among civil liberties advocates and some members of the public indicate concern over potential overreach and the implications for lawful protests or civil actions, particularly regarding trespassing laws which may inadvertently affect freedoms of assembly and free speech.

Contention

Key points of contention regarding the bill include the balance between protecting state property and safeguarding civil liberties. Critics express apprehension that the revised penalties and definitions might disproportionately affect individuals engaging in peaceful protests or general activism on state-owned land. Furthermore, the potential for civil liabilities against individuals or organizations that do not directly commit an offense is also a critical issue that raises questions about enforcement and fairness in addressing state property crimes.

Companion Bills

No companion bills found.

Similar Bills

WV HB3366

Creating the State Property Protection Act

OK HB1135

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WV HB4460

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WV SB164

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WV SB299

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CA AB1097

Trespass.

OK HB2055

Trespass; allowing parties to recover certain nominal damages; effective date.