H. B. 2771

(By Delegates Buchanan, Beach, Fleischauer and Claypole)
[Introduced March 27, 1997; referred to the
Committee on the Judiciary.]

A BILL to amend article eight-d, 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 four-a, relating to child neglect and creating a criminal offense for any parent, guardian or custodian whose neglect causes the death of a child.

Be it enacted by the Legislature of West Virginia:
That article eight-d, 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 four-a, to read as follows:

ARTICLE 8D. CHILD ABUSE.

§61-8D-4a. Child neglect resulting in death; criminal penalties.
If any parent, guardian or custodian shall neglect a child and the neglect is the proximate cause of the death of a child, then the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand nor more than three thousand dollars and shall be imprisoned for not less than three nor more than fifteen years.

NOTE: The purpose of this bill is to create a criminal offense for the death of a child caused by neglect.

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