West Virginia 2018 Regular Session Status: Enacted 1 D cosponsors

SB 37 — Equalizing penalty for entering without breaking regardless of time of day

Last action — Chapter 56, Acts, Regular Session, 2018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2018. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

30 added · 19 removed

Plain-language change summary

The updated version of Bill SB 37 eliminates the distinction between daytime and nighttime burglary, making it a felony regardless of the time of day when someone breaks into a dwelling or outbuilding with the intent to commit a crime. This change simplifies the law and strengthens penalties, establishing a consistent punishment of one to fifteen years in prison. This matters because it potentially increases accountability for those committing burglary, regardless of when the act occurs, aiming to enhance safety and security in communities.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 37 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB37 SUB1 « Senate Bill 37 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 37 Senators Woelfel, Trump, and Ojeda, original sponsors [Passed March 2, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 37 By Senators Woelfel, Trump, and Ojeda [Originating in the Committee on the Judiciary;
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 the crime of burglary;
reported on January 19, 2018]     A BILL to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to the crime of burglary;
crimes against property.
 crimes against property.
(a) Any person who breaks and enters, or enters without breaking, a dwelling house or outbuilding adjoining a 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 years.
(a) Burglary shall be a felony and, any person convicted thereof shall be confined in the penitentiary not less than one nor more than fifteen years.
(b) The term “dwelling house”, as used in §61-3-11(a) of this code, 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.
If any person shall in the nighttime, break and enter, or enter without breaking, or, shall in the daytime, break and enter the dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he shall be deemed guilty of burglary Any person who breaks and enters, or enters without breaking, a dwelling house or outbuilding adjoining a 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) If any person shall, in the daytime, enter without breaking a dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years (c) (b) The term “dwelling house”, as used in subsections (a) and (b) of this section §61-3-11(a), shall include, but not be 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 nonmotive nonmotorized vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.
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Action History

  1. Chapter 56, Acts, Regular Session, 2018

  2. Approved by Governor 3/20/18

  3. Approved by Governor 3/20/18 - Senate Journal

  4. Approved by Governor 3/20/18 - House Journal

  5. To Governor 3/9/18 - House Journal

  6. To Governor 3/9/18

  7. House Message received

  8. Completed legislative action

  9. Communicated to Senate

  10. Passed House (Roll No. 276)

  11. Read 3rd time

  12. On 3rd reading, Special Calendar

  13. Read 2nd time

  14. On 2nd reading, Special Calendar

  15. Read 1st time

  16. On 1st reading, Special Calendar

  17. Do pass

  18. To House Judiciary

  19. To Judiciary

  20. Introduced in House

  21. Ordered to House

  22. Passed Senate (Roll No. 16)

  23. Read 3rd time

  24. On 3rd reading

  25. Read 2nd time

  26. On 2nd reading

  27. Read 1st time

  28. On 1st reading

  29. Committee substitute reported

  30. To Judiciary

  31. Introduced in Senate

  32. To Judiciary

  33. Filed for introduction

Sponsors

  • Trump · Cosponsor
  • Ojeda · Cosponsor
  • Mike Woelfel · Primary

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (2)

  • Trump
  • Ojeda

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 94 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 66202
Republican 26000
Democrat 2200
Total 94402
% of votes cast 94%4%0%2%
How each member voted (100)
Member Party Vote
Evans, E. — Yea
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Brewer — Yea
Byrd — Yea
Deem — Not Voting
Ferro — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Longstreth — Yea
Love — Yea
Lynch — Yea
Marcum — Yea
Robinson — Yea
Rodighiero — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Nay
Storch — Yea
Upson — Not Voting
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Walters — Yea
Nelson — Yea
Diserio — Yea
Phillips — Yea
Speaker Armstead — Yea
Evans, A. — Yea
Caputo — Yea
Espinosa — Yea
Hamrick — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Isner — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Summers — Yea
Westfall — Yea
Ambler — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Fast — Yea
Fleischauer — Yea
Hicks — Yea
Hollen — Yea
Kessinger — Yea
Lovejoy — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Rowe — Nay
Sobonya — Yea
Wagner — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30001
Republican 3000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Not Voting
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 37?
SB 37 is sponsored by Trump, Ojeda, and Mike Woelfel (Democrat).
What is the current status of SB 37?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 37?
Track SB 37 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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