Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Concurrent Resolution 37 History

   |  Email


scr37 intr
SENATE CONCURRENT RESOLUTION NO. 37

(By Senators Chafin and Kessler)


Requesting the Joint Committee on Government and Finance study the various benefits and burdens to the State of West Virginia in faithfully executing the penal laws of this state.

Whereas, The various penal laws of the State of West Virginia are the products of several centuries of Anglo-American jurisprudence; and

Whereas, The penal laws of what is now known as the State of West Virginia have undergone significant revision throughout the years, from being a product as a colony of the British crown, to being part of the State of Virginia, and throughout the creation and numerous amendments and reenactments of the Constitution of the State of West Virginia and the Code of West Virginia; and

Whereas, As a result, provisions of the penal laws of this state overlap and contradict; and

Whereas, Some offenses under the penal laws have become obsolete or out of touch with significant changes in society; and

Whereas, Some penalties are disproportionate to the harm involved or in comparison to other offenses; and

Whereas, Some criminal offenses are defined outside the criminal code, and important common-law rules remain in force but not codified; and

Whereas, As the State of West Virginia has entered the twenty- first century, it is necessary to conduct a comprehensive study and analysis of the state's existing criminal and procedural and sentencing laws; and

Whereas, In particular such study would review offenses and penalties for proportionality as well as for public protection, crime deterrence and offender rehabilitation; and

Whereas, Such study would also involve the review of the various laws of this state there could be numerous possibilities for more simple and clear language and a more coherent structure for these laws; and

Whereas, The study would in addition address the changing nature of crime in such areas as, for example, gang activity, drug trafficking and computer technology within the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the various benefits and burdens to the State of West Virginia in faithfully executing the current penal laws of this state; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***