Senate Bill No. 522

(By Senator Jackson, By Request)

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[Introduced February 19, 1996; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section three, article eight-d, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to child abuse resulting in bodily injury and serious bodily injury; and criminal penalties.

Be it enacted by the Legislature of West Virginia:
That section three, article eight-d, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.

§61-8D-3. Child abuse resulting in injury; criminal penalties.

(a) If any parent, guardian, or custodian or other person shall abuse abuses a child and by such abuse cause such the abuse causes the child bodily injury as such that term is defined in section one, article eight-b of this chapter, then such the parent, guardian, or custodian or other person shall be is guilty of a felony, and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars or imprisoned in the penitentiary not less than one nor more than five years, or in the discretion of the court, be confined in the county jail for not more than one year, or both such fine and imprisonment or confinement fined and imprisoned or confined.
(b) If any parent, guardian, or custodian or other person shall abuse abuses a child and by such abuse cause such the abuse creates a substantial risk of death to the child or causes the child serious bodily injury as such that term is defined in section one, article eight-b of this chapter, then such the parent, guardian, or custodian or other person shall be is guilty of a felony, and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars or imprisoned in the penitentiary not less than two nor more than ten years, or both such fine and imprisonment imprisoned in the penitentiary for a definite term of years of not less than one year nor more than five years, which sentence may not be subject to parole until at least one year of incarceration has been served.




NOTE: The purpose of this bill is to provide a definite term of incarceration for child abuse resulting in serious bodily injury and to prohibit parole within one year of initial confinement.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.