H. B. 2396
(By Delegates Stalnaker and Dempsey)
[Introduced February 21, 2001
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section fifteen, article three, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to mandatory sentence
of life without mercy and no probation or parole for
conviction on death caused by arson-related crime.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article three, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-15. Verdict and sentence in murder cases.
If a person indicted for murder be is found by the jury guilty
thereof of the murder, they shall in their verdict find whether he or she is guilty of murder
of in the first degree or second degree.
If the person indicted for murder is found by the jury guilty
thereof of the murder, and if the jury find in their verdict that
he or she is guilty of murder
of in the first degree, or if a
person indicted for murder pleads guilty of murder
of in the first
degree, he or she shall be punished by imprisonment in
the
penitentiary a state correctional facility for life, and he or she,
notwithstanding the provisions of article twelve, chapter
sixty-two of this code, shall not be eligible for parole:
Provided, That the jury may, in their discretion, recommend mercy,
and if
such the recommendation is added to their verdict,
such the
person shall be eligible for parole in accordance with the
provisions of said article twelve, except that, notwithstanding any
other provision of this code to the contrary,
such the person
shall
not be is not eligible for parole until he or she has served
fifteen years:
Provided, however, That if the accused pleads
guilty of murder
of in the first degree, the court may, in its
discretion, provide that
such the person shall be eligible for
parole in accordance with the provisions of said article twelve,
and, if the court so provides,
such the person shall be eligible
for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if
such the person had
been found guilty by the verdict of a jury and the jury had
recommended mercy, except that, notwithstanding any provision of
said article twelve or any other provision of this code to the
contrary,
such the person
shall not be is not
eligible for parole
until he or she has served fifteen years.
This section does not apply to any person who violates the
provisions of section one, two, three, four, five or six, article
three, chapter sixty-two of this code, which violation causes the
death of another person. Upon conviction thereof, no jury may
recommend mercy and the individual so convicted shall be imprisoned
for life and is not eligible for probation and parole.
NOTE: The purpose of this bill is to impose a mandatory
sentence of life without mercy and no probation or parole for
conviction on death caused by arson-related crime.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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