HOUSE CONCURRENT RESOLUTION NO. 35

(By Mr. Speaker, Mr. Chambers, and Delegate Burk)

(Originating in the House Committee on Rules)

Requesting the Joint Committee on Government and Finance to make an interim study of present criminal penalties and sentencing provisions.

Whereas, The last comprehensive redrafting of criminal penalties occurred in 1923; and

Whereas, Since 1923 a significant number of criminal statutes have been enacted; and
Whereas, The lack of comprehensive revision may have created statutory anomalies and inconsistencies in sentencing laws; and
Whereas, Federal and state judicial decisions since 1923 have invalidated part or all of a number of state criminal statutes; and
Whereas, Accepted standards and theories of penology have changed significantly over the past seventy years; and
Whereas, It is generally recognized that over the last seventy years resources available to penology have become less available; and,
Whereas, The need for a comprehensive, consistent sentencing structure is necessary for the effective administration of justice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study present criminal sentencing laws and make recommendations regarding a comprehensive redrafting on such laws; and, be it
Further Resolved, That the Joint Committee on Government and Finance report back to the full Legislature with their findings on or before the first day of January, one thousand nine hundred ninety-five; and, be it
Further Resolved, That the Clerk of the House of Delegates be directed to forward a copy of this resolution to the President of the Senate, the Speaker of the House of Delegates and the Governor of the State of West Virginia.