Senate Bill No. 179

(By Senators Kimble and Oliverio)

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[Introduced January 25, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend article eleven-a, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-b, relating to requiring mandatory sentencing for particular crimes.

Be it enacted by the Legislature of West Virginia:
That article eleven-a, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-b, to read as follows:

ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.

§62-11A-1b. Minimum mandatory sentences.

Notwithstanding any provision to the contrary, any person convicted under the following circumstances shall receive a mandatory sentence, at a minimum, equal to the minimum sentence of incarceration provided for in this code and applicable to such circumstances:
(a) A conviction for a felony involving the use of a dangerous and deadly weapon;
(b) A conviction for a felony in which serious bodily injury was inflicted upon the person of another;
(c) A conviction for any crime involving sexual assault or for any felony offense involving sexual abuse against a minor;
(d) A felony conviction when such conviction constitutes a second or subsequent conviction for a felony;
(e) A conviction for any crime that is committed by one on probation or parole or while on bail pending trial or post-conviction; or
(f) A conviction for any felony offense involving the use or participation of minors in a criminal syndicate, enterprise or street gang.



NOTE: The purpose of this bill is to require minimum mandatory incarceration for certain crimes or when certain circumstances exist related to the commission of a crime.

Section one-b is new; therefore, strike-throughs and underscoring have been omitted.