Senate Bill No. 391
(By Senators Kessler and Mitchell)
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[Introduced February 3, 2000; referred to the Committee
on the Judiciary.]
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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 increasing
the minimum sentence for a twice-convicted felon.
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 subsection (b) of this section,
when any person is convicted of an offense and is subject to confinement in the penitentiary a state correctional facility
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 state correctional facility, 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
minimum term of imprisonment otherwise provided for under such
sentence.
(b) 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 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 person shall be punished by imprisonment in the penitentiary
a state correctional facility for life and is not eligible for
parole.
(c) When it is determined, as provided in section nineteen
hereof, that such person shall have been twice before convicted
in the United States of a crime punishable by confinement in a
penitentiary state correctional facility, the person shall be
sentenced to be confined in the penitentiary a state correctional
facility for life.
NOTE: This bill would increase the minimum prison term for
second or subsequent offense felony, instead of adding the
additional time to the end of an indeterminate sentence. The
purpose is to prevent convicted felons from avoiding the extra
punishment for second or subsequent offenses under the present
law allowing parole based on serving the minimum term.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.