Senate Bill No. 179
(By Senators Kimble and Oliverio)
____________
[Introduced January 25, 1995; referred to the Committee
on the Judiciary.]
____________
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.