H. B. 2570


(By Delegate Kiss (By Request))

[Introduced February 20, 1995; referred to the

Committee on the Judiciary.]





A BILL to amend article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections nine-b and fourteen-f, all relating to making it a felony to assault or kidnap a child sixteen years of age or under within one thousand feet of a school.

Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections nine-b and fourteen-f, all to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-9b. Penalties for malicious or unlawful assault or assault of a child near a school.


Any person who, under the provisions of section nine of this article, maliciously or unlawfully assaults or assaults a child sixteen years of age or under within one thousand feet of a school is guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary not less than five nor more than fifteen years.
§61-2-14f. Penalties for abduction of a child near a school.

Any person who, under the provisions of section fourteen of this article, abducts a child sixteen years of age or under within one thousand feet of a school is guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary not less than five nor more than fifteen years.

NOTE: The purpose of this bill is to make it a felony for any person to assault or abduct a child sixteen years of age or younger within one thousand feet of a school. The penalty upon conviction would be five to fifteen years in the state penitentiary.


Sections nine-b and fourteen-f are new; therefore, strike-throughs and underscoring have been omitted.