WEST virginia legislature

2018 regular session

Introduced

House Bill 4419

By Delegates Howell, Maynard, ward, Ambler, Cooper, Zatezalo, Graves, Sobonya, Frich, Criss and Kessinger

[Introduced February 5, 2018; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, §61-11-27 and §61-11-28, all relating to securing the borders against persons who may be in the country unlawfully; providing enhanced penalty for committing a felony while not a lawful immigrant or resident of the United States, and providing for reporting to United States Homeland Security persons arrested for whom the arresting officer has probable cause to believe the person may not be lawfully in the country.

Be it enacted by the Legislature of West Virginia:

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

§61-11-27. Punishment where felony committed by person not a lawful immigrant or resident.

When any person is convicted of an offense and is subject to confinement in the state correctional facility therefor, and it is determined by the court that the person while committing the offense was not a lawful immigrant or resident of the country, if the sentence to be imposed is for a definite term of years, the court shall add five years to the time for which the person is or would be otherwise sentenced.  Whenever in the case of a person convicted of a felony committed while determined to be not a lawful immigrant or resident, the court imposes an indeterminate sentence, the minimum term shall be twice the term of years otherwise provided under the sentence.

§61-11-28. Procedure upon arrest where arresting officer has probable cause to believe person arrested is not legally permitted to be in the United States.

If at the time a police officer makes an arrest for any crime, and the arresting officer has probable cause to believe the person arrested is not legally permitted to be in the United States, the officer shall notify the appropriate office of the United States Department of Homeland Security with jurisdiction over immigration and unlawful aliens.

NOTE: The purpose of this bill is to provide enhanced penalty for committing a felony while not legally in the country, and to provide for reporting to appropriate border security authority a person arrested by an officer who has probable cause to believe the person arrested is not in the country legally.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.