Senate Bill No. 37
(By Senators Plymale, Wagner, Anderson, Dittmar, Grubb,
Holliday, Macnaughtan, Miller, Ross, Wiedebusch and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 14, 1994.]
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A BILL to amend article seven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to crimes against the person; defining
wanton endangerment with a firearm or other deadly weapon as
a felony criminal offense; and providing a criminal penalty.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-12. Wanton endangerment involving a firearm or other
deadly weapon.
Any person who wantonly performs any act with a firearm or
other deadly weapon which creates a substantial risk of death orserious bodily injury to another shall be guilty of a felony,
and, upon conviction thereof, shall be confined in the
penitentiary for a period of not less than one year or more than
five years, or confined in the county jail for not more than one
year, or fined not less than two hundred fifty dollars nor more
than two thousand five hundred dollars, or both.
For purposes of this section, the terms "firearm" and
"deadly weapon" shall have the same meaning ascribed to such
terms as set forth in section two of this article.
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(NOTE: The purpose of this bill is to create and define the
felony offense of wanton endangerment with a firearm or other
deadly weapon.)