H. B. 2067
(By Delegates Hunt, Seacrist, Amores and Farris)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend article eleven, 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
eighteen-a, relating to enhancement of penalties for crimes
against the elderly.
Be it enacted by the Legislature of West Virginia:
That article eleven, 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
eighteen-a, to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18a. Crimes against the elderly; enhanced penalty.
If any person be convicted for an offense defined under this
chapter, and if the person so convicted is found to have
committed such offense against a person who is sixty-five years of age or older, the court shall, if the sentence to be imposed
is for a definite term of years, add five years to the time for
which such person is or would be otherwise sentenced. Whenever
in such case the court imposes an indeterminate sentence, the
court shall add five years to the maximum term of imprisonment
otherwise provided for under such sentence. In either case, and
notwithstanding any other provision of this code, the sentence
imposed by the court shall be mandatory and shall not be subject
to suspension or probation.
NOTE: The purpose of this bill is to provide for enhanced
penalties for crimes against the elderly and to provide for
mandatory jail time in such cases.
This section is new; therefore, strike-throughs and
underscoring have been omitted.