H. B. 4413
(By Delegate Louisos)
[Introduced February 6, 2006; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §62-3-15 of the Code of West Virginia,
1931, as amended, relating to making a person convicted of
first or second degree murder of a law-enforcement officer,
under certain circumstances, punishable by death.
Be it enacted by the Legislature of West Virginia:
That §62-3-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-15. Verdict and sentence in murder cases.
If a person indicted for murder be found by the jury guilty
thereof, they shall in their verdict find whether he or she is
guilty of murder of the first degree or second degree. If the
person indicted for murder is found by the jury guilty thereof, and
if the jury find in their verdict that he or she is guilty of
murder of the first degree, or if a person indicted for murder pleads guilty of murder of the first degree, he or she shall be
punished by imprisonment in the penitentiary a state correctional
facility for life, and he or she, notwithstanding the provisions of
article twelve, chapter sixty-two of this code, shall not be
eligible for parole: Provided, That the jury may, in their
discretion, recommend mercy, and if such recommendation is added to
their verdict, such person shall be eligible for parole in
accordance with the provisions of said article twelve, except that,
notwithstanding any other provision of this code to the contrary,
such person shall not be eligible for parole until he or she has
served fifteen years: Provided, however, That if the accused
pleads guilty of murder of the first degree, the court may, in its
discretion, provide that such person shall be eligible for parole
in accordance with the provisions of said article twelve, and, if
the court so provides, such person shall be eligible for parole in
accordance with the provisions of said article twelve in the same
manner and with like effect as if such person had been found guilty
by the verdict of a jury and the jury had recommended mercy, except
that, notwithstanding any provision of said article twelve or any
other provision of this code to the contrary, such person shall not
be eligible for parole until he or she has served fifteen years:
Provided further, That if the victim of first degree or second
degree murder shall be a law-enforcement officer and the offense
occurred while the officer was on active duty, then the penalty shall be death.
NOTE: The purpose of this bill is to make death the penalty
for the murder of a law-enforcement officer while the officer is on
active duty.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.