COMMITTEE SUBSTITUTE
FOR
H. B. 4076
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on the
Judiciary)
[January 28, 2000]
A BILL to amend and reenact section eighteen, article eleven,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to sentencing of
habitual criminals; establishing the addition of a five-year
penalty to both the minimum and maximum term of an
indeterminate felony sentence for any person who has been
previously convicted of a felony offense; and clarifying the
definition of felony offense.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article eleven, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18. Punishment for second or third offense of felony.
(a) Except as provided by in subsection (b) of this section,
when any person is convicted of an offense and is subject to
confinement in the penitentiary therefor, and it is determined, as provided in section nineteen of this article, that such person had
been before convicted in the United States of a crime punishable by
imprisonment in a penitentiary, the court shall, if the sentence to
be imposed is for a definite term of years, add five years to the
time for which the person is or would be otherwise sentenced.
Whenever in such case the court imposes an indeterminate sentence,
five years shall be added to the maximum term of imprisonment
otherwise provided for under such sentence.
(a) The court shall extend the term of imprisonment of any
person who:
(1) Has been convicted of a felony offense and is subject to
confinement in a state correctional facility; and
(2) Has been previously convicted of a felony offense, as
determined under the provisions of section nineteen of this
article.
(b) The court shall extend the term of imprisonment as
required in subsection (a) of this section by adding:
(1) Five years to the definite term of imprisonment for which
the person is or would be otherwise sentenced; or
(2) Five years to the minimum and maximum terms of
imprisonment for which the person is or would be otherwise
sentenced.
(b) (c) Notwithstanding the provisions of subsection (a) or
(c) of this section or any other provision of this code to the contrary, when any person is convicted of first degree murder or
second degree murder or a violation of section three, article
eight-b, chapter sixty-one of this code, and it is determined, as
provided in section nineteen of this article, that such the person
had been before convicted in this state of first degree murder,
second degree murder or a violation of section three, article
eight-b of said chapter, or has been so convicted under any law of
the United States or any other state for an offense which has the
same elements as any offense described in this subsection, such the
person shall is to be punished by imprisonment in the penitentiary
a state correctional facility for life and is not eligible for
parole.
(c) (d) When it is determined, as provided in section nineteen
hereof of this article, that such any person shall have has been
twice before convicted in the United States of a crime punishable
by confinement in a penitentiary felony offense, the person shall
is to be sentenced to be confined confinement in the penitentiary
a state correctional facility for life.
(e) For purposes of this section, the term "felony offense"
includes those offenses in other jurisdictions which if committed
in this state would be classified as a felony.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.