ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 134
(Senators Oliverio, Prezioso, Sharpe, White, McKenzie,
Buckalew, Hunter, Minear, Bowman, Anderson, Helmick, Kimble,
Ross, Snyder, Schoonover, Ball, Sprouse, Dugan, Chafin, Jackson,
Wooton, Walker, Dittmar, Bailey and Tomblin, Mr. President,
original sponsors)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT to amend article eight-d, chapter sixty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
four-a, relating to child neglect; and creating a criminal
offense for any parent, guardian or custodian whose neglect
causes the death of a child.
Be it enacted by the Legislature of West Virginia:
That article eight-d, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four- a, to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-4a. Child neglect resulting in death; criminal penalties.
(a) If any parent, guardian or custodian shall neglect a
child under his or her care, custody or control and by such
neglect cause the death of said child, then such parent, guardian
or custodian shall be guilty of a felony and, upon conviction
thereof, shall be fined not less than one thousand dollars nor
more than five thousand dollars or committed to the custody of
the division of corrections for not less than threeone nor more than
fifteen years, or both such fine and imprisonment.
SB134 SFA wooton 4/12 #1
Senator Wooton moved to amend the House amendment on page
two, section four-a, line one, before the word "If" by inserting
"(a)";
And,
On page two, section four-a, after line nine, by adding the
following:
(b) No child who in lieu of medical treatment was under
treatment solely by spiritual means through prayer in accordance
with a recognized method of religious healing with a reasonable
proven record of success shall, for that reason alone, be
considered to have been neglected within the provisions of this
section. A method of religious healing shall be presumed to be
a recognized method of religious healing if fees and expenses
incurred in connection with such treatment are permitted to be
deducted from taxable income as "medical expenses" pursuant to
regulations or rules promulgated by the United States internal
revenue service.
(c) A child whose parent, guardian or legal custodian has
inhibited or interfered with the provision of medical treatment
in accordance with a court order may be considered to have been
neglected for the purposes of this section.
Adopted
Rejected
(b) The provisions of this section shall not apply if the
neglect by the parent, guardian or custodian is due primarily to
a lack of financial means on the part of such parent, guardian or
custodian.
(c) The provisions of this section shall not apply to any
parent, guardian or custodian who fails or refuses, or allows
another person to fail or refuse, to supply a child under the
care, custody or control of such parent, guardian or custodian
with necessary medical care, when such medical care conflicts
with the tenants and practices of a recognized religious
denomination or order of which such parent, guardian or custodian
is an adherent or member.