H. B. 2011
(By Delegate Boggs)
[Introduced February 14, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend article eleven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-six, relating to criminal offense of commission of
felony by the use of a motor vehicle to inflict damage or
injury to property or the person; and for the commission of
that offense while in the possession of a firearm; and
providing minimum sentence of three years to run
consecutively.
Be it enacted by the Legislature of West Virginia:
That article eleven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty-six, to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-26. Commission of crime with use of motor vehicle; and
use, presentment or brandishing of firearm;
penalties.
It is unlawful for any person to commit or attempt to commit,
any crime as set forth in this chapter, with the use of a motor
vehicle causing damage to real or personal property or injury to
another person, or with the use, presentment or brandishing of a
firearm with the use of a motor vehicle causing damage to real or
personal property or injury to another person, whether the offense
is a felony or misdemeanor. This act is considered a separate and
distinct offense after the first day of July, two thousand one.
All persons found guilty of or who plead guilty to a felony,
and are found guilty of or plead guilty to the offense as set forth
herein are guilty of a felony and, in addition to any other
penalty, the maximum for which is less than life imprisonment,
shall be imprisoned in the state correctional facility not less
than three nor more than five years, and this penalty shall run
consecutively after the other penalty, and this penalty may not be
suspended.
All persons who are found guilty of or plead guilty to a misdemeanor and, are found guilty of or plead guilty to the offense
as set forth herein are guilty of a misdemeanor and, in addition to
any other penalty, shall be imprisoned in the regional jail for not
less than six months nor more than one year and, this sentence may
not be suspended.
NOTE: The purpose of this bill is to make the commission of a
felony or misdemeanor with the use of a motor vehicle and firearm
a separate criminal offense and, establishing penalties in that
regard.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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