Equalizing penalty for entering without breaking regardless of time of day
Do you support it?
Want to know if it passes?
We'll email you when SB 37 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on SB 37.
You're tracking SB 37
We'll email you the moment it moves.
SB 37 — Equalizing penalty for entering without breaking regardless of time of day
Last action — Chapter 56, Acts, Regular Session, 2018
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House of Delegates
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow 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 removedPlain-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.
NEWS RELEASES HELPFUL LINKS EnrolledSB37 VersionSUB1 - Final Version « Senate Bill 37 History OTHER VERSIONS — CommitteeEnrolled SubstituteVersion (1)- Final Version | Introduced Version | | Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 37 By Senators Woelfel, Trump, and Ojeda,Ojeda original[Originating sponsorsin [Passedthe MarchCommittee 2,on 2018;the Judiciary;
inreported effecton 90January days19, from2018] passage] ANA ACTBILL to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to the crime of burglary;
crimes crimes against property.
(a) AnyBurglary personshall whobe 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, uponany convictionperson thereof,convicted thereof shall be imprisonedconfined in athe statepenitentiary correctional facility for not less than one nor more than fifteen years.
(b)If Theany termperson “dwellingshall house”,in asthe usednighttime, break and enter, or enter without breaking, or, shall in §61-3-11(a)the ofdaytime, thisbreak code,and includes,enter butthe isdwelling nothouse, limitedor to,an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a mobilecrime home,therein, househe trailer,shall modularbe home,deemed factory-builtguilty home,of orburglary self-propelledAny motorperson home,who usedbreaks asand enters, or enters without breaking, a dwelling regularlyhouse or onlyoutbuilding fromadjoining timea dwelling with the intent to time,commit ora anyviolation otherof nonmotorizedthe vehiclecriminal primarilylaws designedof forthis humanstate habitationis andguilty occupancyof anda usedfelony asand, upon conviction thereof, shall be imprisoned in a dwellingstate regularlycorrectional orfacility onlyfor fromnot timeless tothan time.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.
View plain text versions (3)
- Committee Substitute View text html
- Committee Substitute Enrolled Committee Substitute Current html
- Introduced Introduced Version html
Action History
-
Chapter 56, Acts, Regular Session, 2018
-
Approved by Governor 3/20/18
-
Approved by Governor 3/20/18 - Senate Journal
-
Approved by Governor 3/20/18 - House Journal
-
To Governor 3/9/18 - House Journal
-
To Governor 3/9/18
-
House Message received
-
Completed legislative action
-
Communicated to Senate
-
Passed House (Roll No. 276)
-
Read 3rd time
-
On 3rd reading, Special Calendar
-
Read 2nd time
-
On 2nd reading, Special Calendar
-
Read 1st time
-
On 1st reading, Special Calendar
-
Do pass
-
To House Judiciary
-
To Judiciary
-
Introduced in House
-
Ordered to House
-
Passed Senate (Roll No. 16)
-
Read 3rd time
-
On 3rd reading
-
Read 2nd time
-
On 2nd reading
-
Read 1st time
-
On 1st reading
-
Committee substitute reported
-
To Judiciary
-
Introduced in Senate
-
To Judiciary
-
Filed for introduction
Sponsors
- Trump · Cosponsor
- Ojeda · Cosponsor
- Mike Woelfel · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 149 not signed on · 2 voted No
Sponsors (1)
- Mike Woelfel Democrat
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 66 | 2 | 0 | 2 |
| Republican | 26 | 0 | 0 | 0 |
| Democrat | 2 | 2 | 0 | 0 |
| Total | 94 | 4 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % 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 |
Subjects
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.
Make your voice heard on SB 37
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 37
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →