Committee Substitute
House Bill 2314 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2314
(By Delegates Love and Pettit)
(Originating in the House Committee on the Judiciary)
[March 30, 1993]
A BILL to amend and reenact section nine, article two, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article two by adding thereto a new section, designated
section ten-b, all relating to creating the crimes of
malicious assault, unlawful assault and assaults against
police officers; and providing criminal penalties therefor.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that article two be
further amended by adding thereto a new section, designated
section ten-b, all to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9. Malicious assault; unlawful assault; battery; assault;
penalties.
(a)
Malicious assault.
-- If any person maliciously shoot
shoots, stab stabs, cut cuts or wound wounds any person, or byany means cause causes him another person bodily injury with
intent to maim, disfigure, disable or kill, he the offender
shall, except where it is otherwise provided, be guilty of a
felony, and, upon conviction, shall be punished by confinement in
the penitentiary not less than two nor more than ten years. If
such act be done unlawfully, but not maliciously, with the intent
aforesaid, the offender shall be guilty of a felony, and, upon
conviction, shall, in the discretion of the court, either be
confined in the penitentiary not less than one nor more than five
years, or be confined in jail not exceeding twelve months and
fined not exceeding five hundred dollars.
(b)
Unlawful assault. --
If any person unlawfully, but not
maliciously, shoots, stabs, cuts, or wounds any person, or by any
means causes another person bodily injury with intent to maim,
disfigure, disable or kill, the offender shall be guilty of a
felony, and, upon conviction, shall, in the discretion of the
court, either be confined in the penitentiary not less than one
nor more than five years, or be confined in the county or
regional jail not exceeding twelve months and fined not exceeding
five hundred dollars.
(b) Assault.--If any person unlawfully attempts to commit a
violent injury to the person of another or unlawfully commits an
act which places another in reasonable apprehension of
immediately receiving a violent injury, he shall be guilty of a
misdemeanor, and, upon conviction, shall be confined in jail for
not more than six months, or fined not more than one hundred
dollars, or both such fine and imprisonment.
(c)
Battery. --
If any person unlawfully and intentionallymakes physical contact of an insulting or provoking nature with
the person of another or unlawfully and intentionally causes
physical harm to another person, he the offender shall be guilty
of a misdemeanor, and, upon conviction, shall be confined in the
county or regional jail for not more than twelve months, or fined
not more than five hundred dollars, or both such fine and
imprisonment.
(b) (d)
Assault. --
If any person unlawfully attempts to
commit a violent injury to the person of another or unlawfully
commits an act which places another in reasonable apprehension of
immediately receiving a violent injury, he the offender shall be
guilty of a misdemeanor, and, upon conviction, shall be confined
in jail for not more than six months, or fined not more than one
hundred dollars, or both such fine and imprisonment.
§61-2-10b. Malicious assault; unlawful assault; battery and
recidivism of battery; assault on police officers,
conservation officers, county or state correctional
officers; penalties.
(a)
Malicious assault. --
If any person maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill a police officer,
county correctional officer or state correctional officer engaged
in his or her official duties and the person committing the
malicious assault knows or reasonably should know that the victim
is a police officer, conservation officer, county correctional
officer or state correctional officer engaged in his or her
official duties, then the offender shall, except where it is
otherwise provided, be guilty of a felony, and, upon conviction,shall be punished by confinement in the penitentiary not less
than three nor more than fifteen years. A person convicted under
this section is not eligible for probation.
(b)
Unlawful assault. --
If any person unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes
a police officer, conservation officer, county correctional
officer or state correctional officer bodily injury with intent
to maim, disfigure, disable or kill said officer(s) and the
person committing the unlawful assault knows or reasonably should
know that the victim is a police officer, conservation officer,
county correctional officer or state correctional officer engaged
in his or her official duties, then the offender is guilty of a
felony, and, upon conviction, shall be confined to the
penitentiary for a period of not less than two years nor more
than seven years.
(c)
Battery
-- If any person unlawfully and intentionally
makes physical contact of an insulting or provoking nature with
a police officer, conservation officer, county correctional
officer or state correctional officer, or unlawfully and
intentionally causes physical harm to a police officer,
conservation officer, county correctional officer or state
correctional officer, then that person committing the battery is
guilty of a misdemeanor, and, upon conviction thereof, shall be
confined to the county or regional jail for a period of not more
than twelve months or fined the sum of five hundred dollars or
both imprisoned and fined. If any person commits a second such
offense, then such person is guilty of a misdemeanor, and, upon
conviction, shall be confined in the county or regional jail fora period of twelve months and is not eligible for probation. If
any person commits a third offense, that such person is guilty of
a felony, and, upon conviction, shall be confined in the
penitentiary for a period of not less than one year nor more than
five years or fined not more than one thousand dollars or both
imprisoned and fined.
(d)
Assault --
If any person unlawfully attempts to commit
a violent injury to the person of a police officer, conservation
officer, county correctional officer or state correctional
officer, or unlawfully commits an act which places a police
officer, conservation officer, county correctional officer or
state correctional officer in reasonable apprehension of
immediately receiving a violent injury, he shall be guilty of a
misdemeanor, and upon conviction, shall be confined in the county
or regional jail for not more than six months, or fined not more
than two hundred dollars, or both such fine and imprisonment
(e)
Police officer defined
-- As used in this section, a
police officer means any officer employed by the division of
public safety, any county law-enforcement agency or any police
officer employed by any city or municipality who is responsible
for the prevention or detection of crime and the enforcement of
the penal, traffic or highway laws of this state.
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