H. B. 2405
(By Delegate Louisos)
[Introduced February 8, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter sixty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to criminal procedure; trial of criminal
cases; and disposition of persons who plead insanity as a
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-9. Verdict and sentence when insanity is used as defense.
When a person indicted for a felony enters a plea of not
guilty by reason of insanity, the questions of guilt and insanity or mental incompetency shall be bifurcated, and, upon trial of
the issue the jury shall first be instructed to find in their
verdict that the person is guilty or not guilty of the felony
charged, and if found guilty, then whether the person was insane
or mentally incompetent at the time of the commission of the
felony. If the person is found guilty of the felony offense and
insane or mentally incompetent at the time of the commission of
the felony, the court shall sentence that person according to the
penalty for that offense: Provided, That if the person so
convicted is insane or mentally incompetent at the time of
sentencing, the court shall defer sentencing until such time as
the person is mentally competent and the sentence shall begin to
run at that time.
NOTE: The purpose of this bill is to provide for sentencing
of persons convicted of felonies who use the defense of insanity.
It requires sentencing for the crime if the person is mentally
competent at the time of sentencing, or, it defers sentencing
until the person is mentally competent.
§62-3-9 is new; therefore, strike-throughs and underscoring
have been omitted.