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Introduced Version Senate Bill 515 History

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sb515 intr
Senate Bill No. 515

(By Senator McKenzie)

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[Introduced March 11, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §61-2-1 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of "murder in the first degree" to include murder while committing the crime of entering without breaking a dwelling house in the daytime.

Be it enacted by the Legislature of West Virginia:
That §61-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-1. First and second degree murder defined; allegations in indictment for homicide.

Murder by poison, lying in wait, imprisonment, starving or by any willful, deliberate and premeditated killing, or in the commission of, or attempt to commit, arson, kidnaping, sexual assault, robbery, burglary, breaking and entering, entering without breaking a dwelling house in the daytime, escape from lawful custody or a felony offense of manufacturing or delivering a controlled substance as defined in article four, chapter sixty-a of this code, is murder of the first degree. All other murder is murder of the second degree.
In an indictment for murder and manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in every such indictment to charge that the defendant did feloniously, willfully, maliciously, deliberately and unlawfully slay, kill and murder the deceased.



NOTE: The purpose of this bill is to
expand the definition of murder in the first degree to include murder while committing the crime of entering without breaking a dwelling house in the daytime.

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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