SB361 HFA SHOTT 3-9
Hardison 3258
Delegate Shott moves to amend the bill on page one, by striking everything after the enacting clause and inserting in lieu thereof the following:
That §61-2-10a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-10a. Violent crimes against the elderly; sentence not subject to suspension or probation.
If any person be convicted
and sentenced for an offense defined under the provisions of section nine or
ten of this article, and if the person shall have committed such offense
against a person who is sixty-five years of age or older, then the sentence
shall be mandatory and shall not be subject to suspension or probation: Provided,
That the court may, in its discretion, suspend the sentence and order probation
to any person so convicted upon condition that such person perform public
service for a period of time deemed appropriate by the court: which service
shall Provided, however, That the public service may not
be rendered in or about facilities or programs providing care or services for
the elderly: Provided however further, That the court may
apply the provisions of article eleven-a, chapter sixty-two of this code to a
person committed to a term of one year or less.
(b) The existence of any fact which would make any person ineligible for probation under subsection (a) of this section because of the commission or attempted commission of a felony against a victim sixty-five years of age or older shall not be applicable unless such fact is: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter is tried before a jury; or (iii) found by the court, if the matter is tried by the court, without a jury.