WEST virginia legislature
2021 regular session
Introduced
Senate Bill 496
By Senator Weld
[Introduced March 1, 2021; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §61-11-18 of the Code of West Virginia, 1931, as amended, relating to punishment for second or third offense felony; and authorizing the use of a conviction under any law of the United States or any other state for an offense that has substantially similar elements of a qualifying offense.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18. Punishment for second or third offense of felony.
(a) For purposes of this section, “qualifying offense” means any offenses or an attempt or conspiracy to commit any of the offenses in the following provisions of this code:
(1) §60A-4-401(i) and §60A-4-401(ii);
(2) §60A-4-406;
(3) §60A-4-409(b)(1), §60A-4-409(2), and §60A-4-409(3);
(4) §60A-4-411;
(5) §60A-4-414;
(6) §60A-4-415;
(7) §60A-4-416(a);
(8) §61-2-1;
(9) §61-2-4;
(10) §61-2-7;
(11) §61-2-9(a);
(12) §61-2-9a(d) and §61-2-9a(e);
(13) §61-2-9b;
(14) §61-2-9d;
(15) §61-2-10;
(16) §61-2-10b(b) and §61-2-10b(c);
(17) Felony provisions of §61-2-10b(d);
(18) §61-2-12;
(19) Felony provisions of §61-2-13;
(20) §61-2-14;
(21) §61-2-14a(a) and §61-2-14a(d);
(22) §61-2-14c;
(23) §61-2-14d(a) and §61-2-14d(b);
(24) §61-2-14f;
(25) §61-2-14h(a), §61-2-14h(b), and §61-2-14h(c);
(26) §61-2-16a(a) and §61-2-16a(b);
(27) Felony provisions of §61-2-16a(c);
(28) §61-2-28(d);
(29) §61-2-29(d) and §61-2-29(e);
(30) §61-2-29a;
(31) §61-3-1;
(32) §61-3-2;
(33) §61-3-3;
(34) §61-3-4;
(35) §61-3-5;
(36) §61-3-6;
(37) §61-3-7;
(38) §61-3-11;
(39) §61-3-13(a);
(40) §61-3-27;
(41) §61-3C-14b;
(42) §61-3E-5;
(43) §61-5-17(b), §61-5-17(f), §61-5-17(h), and §61-5-17(i);
(44) §61-5-27;
(45) §61-6-24;
(46) Felony provisions of §61-7-7;
(47) §61-7-12;
(48) §61-7-15;
(49) §61-7-15a;
(50) §61-8-12;
(51) §61-8-19(b);
(52) §61-8B-3;
(53) §61-8B-4;
(54) §61-8B-5;
(55) §61-8B-7;
(56) §61-8B-10;
(57) §61-8C-2;
(58) §61-8C-3;
(59) §61-8C-3a;
(60) §61-8D-2;
(61) §61-8D-2a;
(62) §61-8D-3;
(63) §61-8D-3a;
(64) §61-8D-4;
(65) §61-8D-4a;
(66) §61-8D-5;
(67) §61-8D-6;
(68) §61-10-31;
(69) §61-11-8;
(70) §61-11-8a;
(71) §61-14-2; and
(72) §17C-5-2(b), driving under the influence causing death.
(b) Except as provided by
subsection (c) of this section, when any person is convicted of a qualifying
offense and is subject to confinement imprisonment in a state
correctional facility therefor, and it is determined, as provided in §61-11-19
of this code, that such person had been before convicted in the United States
of a crime punishable by confinement imprisonment in a
penitentiary state correctional facility, the
court shall, if the sentence to be imposed is for a definite term of years, add
five years to the time for which the person is or would be otherwise sentenced.
Whenever in such case the court imposes an indeterminate sentence, the minimum
term shall be twice the term of years otherwise provided for under such
sentence.
(c) Notwithstanding any provision
of this code to the contrary, when any person is convicted of first degree
murder or second degree murder or a violation of §61-8B-3 of this code and it
is determined, as provided in §61-11-19 of this code, that such person had been
before convicted in this state of first degree murder, second degree murder, or
a violation of §61-8B-3 of this code or has been so convicted under any law of
the United States or any other state for an offense which has the same or
substantially similar elements as any offense described in this subsection,
such person shall be punished by confinement imprisonment in a
state correctional facility for life and is not eligible for parole.
(d) When it is determined,
as provided in §61-11-19 of this code, that such person shall have been twice
before convicted in the United States of a crime punishable by confinement
imprisonment in a penitentiary state correctional facility
which has the same or substantially similar elements as a qualifying
offense, the person shall be sentenced to imprisonment in a state correctional
facility for life: Provided, That prior convictions arising
from the same transaction or series of transactions shall be considered a
single offense for purposes of this section: Provided, however,
That an offense which would otherwise constitute a qualifying offense for
purposes of this subsection and subsection (b) of this section shall not be
considered if more than 20 years have elapsed between that offense and the
conduct underlying the current charge.