H. B. 2439
(By Delegates Trump, Staton, Faircloth,
Pino, L. White and Yeager)
[Introduced January 14, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eighteen, article eleven,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to raising the
minimum sentence of a person convicted of a second or
subsequent offense of felony.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article eleven, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18. Punishment for second or third offense of felony.
(a) Except as provided by subsection (b) of this section,
when any person is convicted of an offense and is subject to
confinement in the penitentiary therefor, and it is determined,
as provided in section nineteen of this article, that such person
had been before convicted in the United States of a crime
punishable by imprisonment in a penitentiary, 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, five years shall be added to the maximum
and four years to the minimum term of imprisonment otherwise
provided for under such sentence.
(b) Notwithstanding the provisions of subsection (a) or (c)
of this section or any other provision of this code to the
contrary, when any person is convicted of first degree murder or
second degree murder or a violation of section three, article
eight-b, chapter sixty-one of this code, and it is determined, as
provided in section nineteen of this article, that such person
had been before convicted in this state of first degree murder,
second degree murder or a violation of section three, article
eight-b of said chapter, or has been so convicted under any law
of the United States or any other state for an offense which has
the same elements as any offense described in this subsection,
such person shall be punished by imprisonment in the penitentiary
for life and is not eligible for parole.
(c) When it is determined, as provided in section nineteen
hereof, that such person shall have been twice before convicted
in the United States of a crime punishable by confinement in a
penitentiary, the person shall be sentenced to be confined in the
penitentiary for life.
NOTE: The purpose of this bill is to require that four
years be added to the minimum term of an indeterminable sentence
when a person is sentenced for a second or subsequent felony.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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