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Introduced Version Senate Bill 612 History

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sb612 intr
Senate Bill No. 612

(By Senators Sprouse and Weeks)

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[Introduced March 21, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §61-11-8 of the Code of West Virginia, 1931, as amended, relating to establishing the crime and penalty for attempted murder of a law-enforcement officer.

Be it enacted by the Legislature of West Virginia:
That §61-11-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-8. 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 is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a state correctional facility not less than three nor more than fifteen years: Provided, That if an attempt is upon a law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code, the person shall be imprisoned in a state correctional facility not less than fifteen nor more than thirty years.
(2) If the offense attempted be punishable by imprisonment in the penitentiary a state correctional facility for a term less than life, such the person shall be is guilty of a felony and, upon conviction thereof, shall, in the discretion of the court, either be imprisoned in the penitentiary a state correctional facility for 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 the offense attempted be punishable by confinement in jail, such the person shall be is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.



NOTE: The purpose of this bill is to establish the crime and penalty for attempted murder of a law-enforcement officer.

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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