H. B. 2579
(By Delegates Amores, Pino, Stemple, Varner,
Webster and Webb)
[Introduced February 28, 2001; referred to
the
Committee on the Judiciary.]
A BILL to amend and reenact section eight, article eleven, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to attempted crimes
and increasing penalties therefor.
Be it enacted by the Legislature of West Virginia:
That section eight, article eleven, 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 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-8. Attempts; classification and penalties therefor.
Every person who attempts to commit an offense, but fails to
commit or is prevented from committing it, shall, where it is not
otherwise provided, be punished as follows:
(1) If the offense attempted
be is punishable
with by life
imprisonment, the person making
such the attempt
shall be is guilty
of a felony
, and
, upon conviction
thereof, shall be imprisoned in
the penitentiary a state correctional facility for not less than
one five nor more than
five twenty-five years.
(2) If the offense attempted
be is punishable by imprisonment
in
the penitentiary a state correctional facility for a term less
than life,
such the person
shall be is guilty of a felony
, and,
upon conviction
thereof, shall
, in the discretion of the court,
either be imprisoned in
the penitentiary a state correctional
facility for not less than one nor more than three years, or be
confined in
the county or regional jail not less than six nor more
than twelve months
, and fined not
exceeding more than five hundred
dollars.
(3) If the offense attempted
be is punishable by confinement
in
the county or regional jail,
such the person
shall be is guilty
of a misdemeanor
, and, upon conviction
thereof, shall be confined
in
the county or regional jail not more than six months, or fined
not
exceeding more than one hundred dollars.
NOTE: The purpose of this bill is to increase the penalty for
attempted crimes.
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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