SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 606 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 606

(By Senator Burnette)

____________

[Introduced February 15, 2002; referred to the Committee

on the Judiciary.]

____________




A BILL to amend and reenact section nine, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for the criminal offense of felonious battery; and providing a criminal penalty.

Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-9. Felonious battery; battery; assault; penalties.

(a) If any person maliciously premeditatively shoot, stab, cut or wound any person, or by any means cause him or her serious bodily injury with intent to maim, disfigure, disable or kill, he or she shall, except where it is otherwise provided, be guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary a state correctional facility not less than two nor more than ten years. If such act be done unlawfully, but not maliciously, with the intent aforesaid, the offender shall be guilty of a felony, and, upon conviction, shall, in the discretion of the court, either be confined in the penitentiary not less than one nor more than five years, or be confined in jail not exceeding twelve months and fined not exceeding five hundred dollars.
(b) Assault. -- If any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail for not more than six months, or fined not more than one hundred dollars, or both such fine and imprisonment.
(c) (b) Battery. -- If any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another or unlawfully and intentionally causes physical harm to another person, he or she shall be guilty of a misdemeanor, and, upon conviction, shall be confined in a county or regional jail for not more than twelve months, or fined not more than five hundred dollars, or both such fine fined and imprisonment imprisoned.
(c) Assault. -- If any person unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act which places another in reasonable apprehension of immediately receiving a violent injury, he shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than six months, or fined not more than one hundred dollars, or both fined and imprisoned.



NOTE: The purpose of this bill is to provide for the criminal offense of felonious battery. The bill would eliminate the criminal offenses of malicious and unlawful wounding in favor of the single offense of felonious battery. Premeditation would become the key element as opposed to malice or unlawfulness. The penalty upon conviction would be four to ten years of incarceration.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print