H. B. 2239


(By Delegates Love, Kiss, Fantasia,


Given, Hall, Hunt and Kallai)

[Introduced January 25, 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 a new section, designated section twelve-a, relating to the commission or attempted commission of a crime while armed with a deadly weapon; penalty.

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 a new section, designated section twelve-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-12a. Crime committed while armed with a deadly weapon;
penalty.


Any person who commits or attempts to commit any felony while armed with a firearm or other deadly weapon is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than five, nor more than ten years, which penalty may not be suspended, be subject to probation, or run concurrently with any other sentence. The violation of the provisions of this section constitute a separate crime and the penalty provided herein is in addition to the penalty provided by statute for the commission or attempted commission of a crime without the use or possession of a firearm or other deadly weapon. No person convicted under the provisions of this section is eligible for parole until he has served at least three years of his sentence. Any person under the age of eighteen years when the offense was committed who is sentenced as a juvenile or as an adult under the provisions of article five, chapter forty-nine of this code for the crime set forth herein shall receive and serve a minimum sentence of at last three years confinement in an appropriate facility or institution, no part of which may be suspended.




NOTE: This bill creates a mandatory sentence for using a firearm or other deadly weapon in committing or attempting to commit a crime by providing that use of a firearm or other deadly weapon in committing another crime is of itself a separate crime.

This section is new; therefore, strike-throughs and underscoring have been omitted.