COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 134

(By Senators Oliverio, Prezioso, Sharpe, White, McKenzie, Buckalew, Hunter, Minear, Bowman, Anderson, Helmick, Kimble, Ross, Snyder, Schoonover, Ball, Sprouse, Dugan, Chafin, Jackson, Wooton, Walker, Dittmar, Bailey and Tomblin, Mr. President)

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[Originating in the Committee on the Judiciary;

reported March 26, 1997.]

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A BILL to amend article eight-d, 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 four-a, relating to child neglect; and creating a criminal offense for any parent, guardian or custodian whose neglect causes the death of a child.

Be it enacted by the Legislature of West Virginia:
That article eight-d, 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 four- a, to read as follows:
ARTICLE 8D. CHILD ABUSE.

ยง61-8D-4a. Child neglect resulting in death; criminal penalties.
(a) If any parent, guardian or custodian shall neglect a child under his or her care, custody or control and by such neglect cause the death of said child, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars or committed to the custody of the division of corrections for not less than one nor more than fifteen years, or both such fine and imprisonment.
(b) The provisions of this section shall not apply if the neglect by the parent, guardian or custodian is due primarily to a lack of financial means on the part of such parent, guardian or custodian.
(c) The provisions of this section shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenants and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
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(NOTE: The purpose of this bill is to create a criminal offense for the death of a child caused by neglect.

This section is new; therefore, strike-throughs and underscoring have been omitted.)