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House Bill 2920 History
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SECOND
ENROLLMENT
H. B. 2920
(By Delegate Ellem)
[Amended and again passed May 27, 2009, as a result of the
objections of the Governor ; in effect ninety days from passage.]
An Act to
repeal §61-11-20 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §61-11-6 of said code, all
relating to crimes and their punishment; eliminating the felony
offense of second or subsequent petit larceny; providing elements
of and increasing the penalty for accessory after the fact for
certain crimes against the person; and excluding certain persons
from being considered an accessory after the fact.
Be it enacted by the Legislature of West Virginia:
That §61-11-20 of the Code of West Virginia, 1931, as amended,
be repealed, and that §61-11-6 of said code be amended and
reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-6. Punishment of principals in the second degree and
accessories before and after the fact.
(a) In the case of every felony, every principal in the second
degree and every accessory before the fact shall be punishable as
if he or she were the principal in the first degree; and every
accessory after the fact shall be confined in jail not more than one year and fined not exceeding $500. But no person in the
relation of husband and wife, parent or grandparent, child or
grandchild, brother or sister, by consanguinity or affinity, or
servant to the offender, who, after the commission of a felony,
shall aid or assist a principal felon, or accessory before the
fact, to avoid or escape from prosecution or punishment shall be
deemed an accessory after the fact.
(b) Notwithstanding the provisions of subsection (a) of this
section, any person who knowingly harbors, conceals, maintains or
assists the principal felon after the commission of the underlying
offense violating the felony provisions of sections one, four, or
nine of article two of this chapter, or gives such offender aid
knowing that he or she has committed such felony, with the intent
that the offender avoid or escape detention, arrest, trial or
punishment, shall be considered an accessory after the fact and,
upon conviction, be guilty of a felony and confined in a state
correctional facility for a period not to exceed five years, or a
period of not more than one half of the maximum penalty for the
underlying felony offense, whichever is the lesser maximum term of
confinement. But no person who is a person in the relation of
husband and wife, parent, grandparent, child, grandchild, brother
or sister, whether by consanguinity or affinity, or servant to the
offender shall be considered an accessory after the fact.
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