H. B. 2770


(By Delegates Hunt, Louisos and Wells)
[Introduced March 1, 2005 ; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-18a, relating to enhancement of penalties for crimes against the elderly.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-11-18a, to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18a. Crimes against the elderly; enhanced penalty.
If any person convicted for an offense defined under this chapter is found to have committed the offense against a person who is sixty-five years of age or older, the court shall add five years to the term of imprisonment imposed by the court for the offense. Should the court impose an indeterminate sentence, five years shall be added to the maximum term of imprisonment otherwise provided under the law. Notwithstanding any other provision of this code, the additional term of sentence imposed by the court pursuant to this section is mandatory and is not subject to suspension or probation.




NOTE: The purpose of this bill is to provide for enhanced penalties for crimes against the elderly and to provide for mandatory jail time in such cases.

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