H. B. 2879
(By Delegates Iaquinta, Klempa, Fragale, Argento, Eldridge and
Givens)
[Introduced February 27, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §61-8D-3 of the Code of West Virginia,
1931, as amended, relating to increasing the minimum prison
sentence from two years to five years without the possibility
of parole for a parent, guardian or custodian who abuses a
child that results serious bodily injury.
Be it enacted by the Legislature of West Virginia:
That §61-8D-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-3. Child abuse resulting in injury; child abuse or neglect
creating risk of injury; criminal penalties.
(a) If any parent, guardian or custodian shall abuse a child
and by such abuse cause such child bodily injury as such term is
defined in section one, article eight-b of this chapter, then such
parent, guardian or custodian shall be guilty of a felony and, upon
conviction thereof, shall be fined not less than $100 nor more than
$1,000 and committed to the custody of the Division of Corrections for not less than one nor more than five years, or in the
discretion of the court, be confined in
the county or regional jail
for not more than one year.
(b) If any parent, guardian or custodian shall abuse a child
and by such abuse cause said child serious bodily injury as such
term is defined in section one, article eight-b of this chapter,
then such parent, guardian or custodian shall be guilty of a felony
and, upon conviction thereof, shall be fined not less than $1,000
nor more than $5,000 and committed to the custody of the Division
of Corrections not less than
two five nor more than ten years:
Provided, That notwithstanding any provision in the code to the
contrary, a parent, guardian or custodian so convicted is not
eligible for parole unless he or she has served a full five years
of the original sentence.
(c) Any person who abuses a child and by the abuse creates a
substantial risk of serious bodily injury or of death to the child
is guilty of a felony and, upon conviction thereof, shall be fined
not more than $3,000 and confined to the custody of the Division of
Corrections for not less than one nor more than five years.
NOTE: The purpose of this bill increases the minimum prison
sentence from two years to five years without the possibility of
parole for a parent, guardian or custodian who abuses a child that
results serious bodily injury.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.