Senate Bill No. 266
(By Senators Mitchell and Kessler)
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[Introduced January 21, 2002; referred to the Committee
on the Judiciary.]
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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, relating to a new felony
offense of premeditated malicious wounding in reference to
a wounding for which the state can prove the same elements
of first degree murder less the element of death.
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 to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9. Malicious or unlawful assault; assault; battery;
penalties.
(a) If any person maliciously shoot, stab, cut or wound any person, or by any means cause him or her bodily injury with
intent to maim, disfigure, disable or kill, he or she shall,
except where it is otherwise provided, be guilty of a felony
and, upon conviction thereof, shall be punished by confinement
in the penitentiary imprisoned in the state correctional
facility 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 thereof, shall, in the discretion of the court,
either be confined in the penitentiary imprisoned in the state
correctional facility
not less than one nor more than five
years, or be confined in the county or regional jail not
exceeding more than twelve months and fined not exceeding more
than five hundred dollars. If such act be done maliciously,
deliberately and with premeditation, the offender shall be
guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for a definite
period which is not less than ten nor more than thirty years.
A person imprisoned as a result of premeditated malicious
wounding 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 sixty-two, whichever is greater.
(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 or she shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
confined imprisoned in the county or regional
jail for not more
than six months, or fined not more than one hundred dollars, or
both such fine and imprisonment fined and imprisoned.
(c) Battery -- If any person unlawfully and intentionally
makes physical contact of an insulting or provoking nature with
the person of another or unlawfully and intentionally causes
physical harm to another person, he or she shall be guilty of a
misdemeanor and, upon conviction thereof, shall be confined
imprisoned 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 fined and imprisoned.
NOTE: The purpose of this bill is to provide for a new
felony offense of premeditated malicious wounding applying to a
wounding for which the state can prove the same elements of
first degree murder less the element of death.
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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