H. B. 3197
(By Delegates Amores and Fleischauer)
[Introduced February 22, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-11A-2 of the Code of West Virginia,
1931, as amended, relating to including a person who lived
with a convicted defendant at the time of the crime and for at
least twelve months preceding the crime to the definition of
a victim for purposes of testimony of a crime victim at a
sentencing hearing.
Be it enacted by the Legislature of West Virginia:
That §61-11A-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.
§61-11A-2. Testimony of crime victim at sentencing hearing.
(a) For the purposes of this section, "victim" means a person
who is a victim of a felony, the fiduciary of a deceased victim's
estate or a member of a deceased victim's immediate family,
which
shall include a person who resided with the victim at the time of
the crime and for at least twelve months preceding the crime.
(b) Prior to the imposition of sentence upon any defendant who has been found guilty of a felony or has pleaded guilty or nolo
contendere to any felony, the court shall permit the victim of the
crime to appear before the court for the purpose of making an oral
statement for the record if the victim notifies the court of his
or
her desire to make such a statement after receiving notification
provided in subsection (c) of this section. If the victim fails to
so notify the court such failure shall constitute a waiver of the
right to make an oral statement. In lieu of such appearance and
oral statement, the victim may submit a written statement to the
court or to the probation officer in charge of the case. Such
probation officer shall forthwith file any such statement delivered
to his
or her office with the sentencing court, and the statement
shall be made a part of the record at the sentencing hearing. Any
such statement, whether oral or written, shall relate solely to the
facts of the case and the extent of any injuries, financial losses
and loss of earnings directly resulting from the crime for which
the defendant is being sentenced.
(c) Within a reasonable time, prior to the imposition of
sentence upon such defendant, the prosecuting attorney or assistant
prosecuting attorney in charge of the case shall in writing advise
the person who was the victim of such crime or in the case of a
minor, the parent or guardian of such minor, or the fiduciary of
his
or her estate, if he
or she be then deceased, of the date, time
and place of the original sentencing hearing, and of the victim's
rights to submit a written or oral statement to the sentencing
court as hereinabove provided.
(d) The oral or written statement given or submitted by any
victim in accordance with the provisions of this section shall be
in addition to and not in lieu of the victim impact statement
required by the provisions of section three of this article.
NOTE: The purpose of this bill is to add a person who lived
with a convicted defendant at the time of the crime and for at
least twelve months preceding the crime to the definition of a
victim for purposes of testimony of a crime victim at a sentencing
hearing.
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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