H. B. 4004
(By Delegate Love)
[Introduced January 10, 1996; 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 involving the use or presentation of 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 involving the use of a deadly weapon;
penalty.
Any person who commits or attempts to commit any felony involving the use or presentation of a firearm or other deadly
weapon is guilty of a felony, and, upon conviction thereof, shall
be punished by a definite term of imprisonment in the
penitentiary of three years. 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 the underlying felony.
NOTE: This bill creates a mandatory sentence for using a
firearm or other deadly weapon in committing or attempting to
commit a felony by providing that use of a firearm or other
deadly weapon in committing another felony is in and of itself a
separate crime.
This section is new; therefore, strike-throughs and
underscoring have been omitted.