WEST virginia legislature

2020 regular session

Committee Substitute

for

House Bill 2602

By Delegate Miller, Canestraro, N. Brown, D. Kelly, Foster and Steele

[Introduced January 8, 2020; Referred
 to the Committee on the Judiciary.]

A BILL to amend and reenact §61-3-18 of the Code of West Virginia, 1931, as amended, relating to receiving or transferring stolen property; providing that to knowingly possess stolen goods is an element of the offense of receiving or transferring stolen property; and providing an exception for certain purchasers of scrap metal.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-18. Receiving or transferring stolen goods.

If any person buys or receives from another person, or aids in concealing, or transfers to a person other than the owner thereof, or possesses any stolen goods or other thing of value, which he or she knows or has reason to believe has been stolen, he shall be deemed that person is guilty of the larceny thereof, and may be prosecuted although the principal offender be not has not been convicted: Provided, that purchasers of scrap metal, who are in compliance with the provisions of §61-3-49 of this Code, are exempt from the provisions of this section.

NOTE: The purpose of this bill is to include possession of known stolen property in the offense of receiving or transferring stolen property.

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