H. B. 4594

(By Delegates Faircloth, Huntwork, Kessel, Pino,

Trump, L. White and Whitman)


(Originating in the House Committee on the Judiciary)


[February 23, 1994]



A BILL to amend and reenact section fifteen, article three, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal penalties for first degree murder; permitting the court to impose penalty of life without parole where jury returns verdict of guilty of first degree murder with a recommendation of mercy; and increasing minimum period of time which must be served by person convicted of first degree murder to twenty-five years where such person is eligible for parole.
Be it enacted by the Legislature of West Virginia:

That section fifteen, article three, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.

§ 62 - 3 - 15. Verdict and sentence in murder cases.

If a person indicted for murder be found by the jury guilty thereof, they shall in their verdict find whether he or she is guilty of murder of the first degree or second degree. If the person indicted for murder is found by the jury guilty thereof, and if the jury find in their verdict that he or she is guilty of murder of the first degree, or if a person indicted for murder pleads guilty of murder of the first degree, he or she shall be punished by confinement imprisonment in the penitentiary for life, and he or she, notwithstanding the provisions of article twelve, chapter sixty-two of this code, shall not be eligible for parole: Provided, That the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall may, in the discretion of the court, be eligible for parole in accordance with the provisions of said article twelve, except that, notwithstanding any other provision of this code to the contrary, such person shall not be eligible for parole until he or she has served twenty-five years: Provided, however, That if the accused pleads guilty of murder of the first degree, the court may, in its discretion, provide that such person shall be eligible for parole in accordance with the provisions of said article twelve, and, if the court so provides, such person shall be eligible for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if such person had been found guilty by the verdict of a jury and the jury had recommended mercy, except that, notwithstanding any other provision of this code to the contrary, such person shall not be eligible for parole until he or she has served twenty-five years.