Introduced Version
House Bill 4654 History
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Enrolled Version - Final Version
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4654
(By Delegates Staton, Whitman, Trump, Kessel,
Huntwork, L. White and Faircloth)
(Originating in the House Committee on the Judiciary)
[March 1, 1994]
A BILL to amend and reenact sections three and four, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections eight and eighteen, article eleven of said chapter; and to amend and reenact section fifteen, article three, chapter sixty-two of said code, all relating to increasing criminal penalties for second degree murder, voluntary manslaughter and attempt to commit a felony; increasing criminal penalties upon the second conviction of certain criminal violations; and increasing the minimum number of years which must be served prior to becoming eligible for parole after certain first degree murder convictions.
Be it enacted by the Legislature of West Virginia:
That sections three and four, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections eight and eighteen, article eleven of said chapter be amended and reenacted; and that section fifteen, article three, chapter sixty-two of said code be amended and reenacted, all to read as follows:
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 2. CRIMES AGAINST THE PERSON.
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3.
Penalty for murder of second degree.
Murder of the second degree shall be punished by a definite term of imprisonment confinement in the penitentiary which is not less than five ten nor more than eighteen forty years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of ten years of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter thirteen, whichever is greater.
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4.
Voluntary manslaughter; penalty.
Voluntary manslaughter shall be punished by confinement a definite term of imprisonment in the penitentiary which is not less than one three nor more than five fifteen years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of three years of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter thirteen, whichever is greater.
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
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8. Attempts; classification and penalties therefor.
Every person who attempts to commit an offense, but fails to commit or is prevented from committing it, shall, where it is not otherwise provided, be punished as follows:
(1) If the offense attempted be punishable with life imprisonment, the person making such attempt shall be guilty of a felony, and, upon conviction, shall be confined imprisoned in the penitentiary not less than one nor more than five years.
(2) If it the offense attempted be punishable by confinement imprisonment in the penitentiary for a term less than life, he such person shall be guilty of a misdemeanor felony, and, upon conviction, shall, in the discretion of the court, either be imprisoned in the penitentiary for a definite term of not less than one nor more than three years, or be confined in jail not less than six nor more than twelve months, and fined not exceeding five hundred dollars.
(3) If it the offense attempted be punishable by confinement in jail, he such person shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.
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18. Punishment for second or third offense of felony.
(a) When 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 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.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 3. TRIAL OF CRIMINAL CASES.
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15. Verdict and sentence in murder cases.
If a person indicted for murder be found by the jury guilty thereof, they shall in their verdict find whether he or she is guilty of murder of the first degree or second degree. If the person indicted for murder is found by the jury guilty thereof, and if the jury find in their verdict that he or she is guilty of murder of the first degree, or if a person indicted for murder pleads guilty of murder of the first degree, he or she shall be punished by confinement imprisonment in the penitentiary for life, and he or she, notwithstanding the provisions of article twelve, chapter sixty-two of this code, shall not be eligible for parole:
Provided,
That the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall be eligible for parole in accordance with the provisions of said article twelve, except that, not withstanding any other provision of this code to the contrary, such person shall not be eligible for parole until he or she has served fifteen years:
Provided, however,
That if the accused pleads guilty of murder of the first degree, the court may, in its discretion, provide that such person shall be eligible for parole in accordance with the provisions of said article twelve, and, if the court so provides, such person shall be eligible for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if such person had been found guilty by the verdict of a jury and the jury had recommended mercy, except that, not withstanding any provision of said article twelve or any other provision of this code to the contrary, such person shall not be eligible for parole until he or she has served fifteen years.
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