Introduced Version
Senate Concurrent Resolution 37 History
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Key: Green = existing Code. Red = new code to be enacted
SENATE CONCURRENT RESOLUTION NO. 37
(By Senators Chafin and Kessler)
Requesting the Joint Committee on Government and Finance study the
various benefits and burdens to the State of West Virginia in
faithfully executing the penal laws of this state.
Whereas, The various penal laws of the State of West Virginia
are the products of several centuries of Anglo-American
jurisprudence; and
Whereas, The penal laws of what is now known as the State of
West Virginia have undergone significant revision throughout the
years, from being a product as a colony of the British crown, to
being part of the State of Virginia, and throughout the creation
and numerous amendments and reenactments of the Constitution of the
State of West Virginia and the Code of West Virginia; and
Whereas, As a result, provisions of the penal laws of this
state overlap and contradict; and
Whereas, Some offenses under the penal laws have become
obsolete or out of touch with significant changes in society; and
Whereas, Some penalties are disproportionate to the harm
involved or in comparison to other offenses; and
Whereas, Some criminal offenses are defined outside the
criminal code, and important common-law rules remain in force but
not codified; and
Whereas, As the State of West Virginia has entered the twenty-
first century, it is necessary to conduct a comprehensive study and
analysis of the state's existing criminal and procedural and
sentencing laws; and
Whereas, In particular such study would review offenses and
penalties for proportionality as well as for public protection,
crime deterrence and offender rehabilitation; and
Whereas, Such study would also involve the review of the
various laws of this state there could be numerous possibilities
for more simple and clear language and a more coherent structure
for these laws; and
Whereas, The study would in addition address the changing
nature of crime in such areas as, for example, gang activity, drug
trafficking and computer technology within the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the various benefits and burdens to the State of
West Virginia in faithfully executing the current penal laws of
this state; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.