H. B. 4637
(By Delegates Stalnaker, Linch,
Everson and Dempsey)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article three,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to mandatory
sentence of life without mercy and no probation or parole
for conviction on death caused by arson-related crime.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article three, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRIAL OF CRIMINAL CASES.
§62-3-15. Verdict and sentence in murder cases.
If a person indicted for murder be found by the jury guilty
thereof, they shall in their verdict find whether he or she is
guilty of murder of the first degree or second degree. If the
person indicted for murder is found by the jury guilty thereof, and if the jury find in their verdict that he or she is guilty of
murder of the first degree, or if a person indicted for murder
pleads guilty of murder of the first degree, he or she shall be
punished by imprisonment in the penitentiary for life, and he or
she, notwithstanding the provisions of article twelve, chapter
sixty-two of this code, shall not be eligible for parole:
Provided, That the jury may, in their discretion, recommend
mercy, and if such recommendation is added to their verdict, such
person shall be eligible for parole in accordance with the
provisions of said article twelve, except that, notwithstanding
any other provision of this code to the contrary, such person
shall not be eligible for parole until he or she has served
fifteen years: Provided, however, That if the accused pleads
guilty of murder of the first degree, the court may, in its
discretion, provide that such person shall be eligible for parole
in accordance with the provisions of said article twelve, and, if
the court so provides, such person shall be eligible for parole
in accordance with the provisions of said article twelve in the
same manner and with like effect as if such person had been found
guilty by the verdict of a jury and the jury had recommended
mercy, except that, notwithstanding any provision of said article
twelve or any other provision of this code to the contrary, such
person shall not be eligible for parole until he or she has
served fifteen years.
This section shall not apply to any person who violates the
provisions of section one, two, three, four, five or six, article
three, chapter sixty-two of this code, which violation causes the
death of another person. Upon conviction thereof, no jury may
recommend mercy and the individual so convicted shall be
imprisoned for life and shall not be eligible for probation and
parole.
NOTE: The purpose of this bill is to impose a mandatory
sentence of life without mercy and no probation or parole for
conviction on death caused by arson-related crime.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.