H. B. 2316
(By Delegates Martin and Michael)
[Introduced March 1, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve-a, relating to the commission or attempted commission
of a crime while armed with a deadly weapon; penalty.
Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-12a. Crime committed while armed with a deadly weapon;
penalty.
Any person who commits or attempts to commit any felony
while armed with a firearm or other deadly weapon is guilty of a
felony, and, upon conviction thereof, shall be imprisoned in the
penitentiary not less than five, nor more than ten years, whichpenalty may not be suspended, be subject to probation, or run
concurrently with any other sentence. The violation of the
provisions of this section constitute a separate crime and the
penalty provided herein is in addition to the penalty provided by
statute for the commission or attempted commission of a crime
without the use or possession of a revolver, pistol or other
deadly weapon. No person convicted under the provisions of this
section is eligible for parole until he has served at least three
years of his sentence. Any person under the age of eighteen
years when the offense was committed who is sentenced as a
juvenile or as an adult under the provisions of article five,
chapter forty-nine of this code for the crime set forth herein
shall receive and serve a minimum sentence of at least three
years confinement in an appropriate facility or institution, no
part of which may be suspended.
NOTE: This bill creates a mandatory sentence for using a
gun in committing or attempting to commit a crime by providing
that use of a gun in committing another crime is of itself a
separate crime.
This section is new; therefore, strike-throughs and
underscoring have been omitted.