H. B. 4660


(By Delegate Dalton)
[Introduced February 27, 1998; 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 thirty, relating to creating the offense of car jacking; criminal penalties for commission of offense and attempt to commit the offense; providing immunity from criminal or civil liability for any victim of a car jacking who uses deadly force to repel a perpetrator.

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 be amended by adding thereto a new section, designated section thirty, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-30. Robbery involving a car or "car jacking"; attempted car jacking; penalties.

(a) If any person commits, or attempts to commit, robbery involving the taking of a motor vehicle, herein defined as "car jacking", by means involving partial strangulation or suffocation, or by striking or beating, or by other violence to the person, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he or she shall be guilty of a felony and, upon conviction, shall be confined in a correctional facility not less than ten years. If any person commits, or attempts to commit a car jacking in any other mode or by any other means, he shall be guilty of a felony and, upon conviction, shall be confined in the penitentiary not less than five nor more than eighteen years.
(b) In the event any person who, while being threatened by any person committing the offense of car jacking or attempted car jacking, uses a firearm or other deadly force to repel the person committing or attempting to commit the offense, a conviction under this section of the person committing or attempting to commit the car jacking shall be a complete defense in any subsequent criminal or civil proceeding instituted against the person so threatened.



NOTE: The purpose of this bill is to create the offense of car jacking. The bill also provides that if the person who is alleged to have committed the offense is convicted, no criminal or civil action may be maintained against the victim in the event the victim uses deadly force to repel the car jacker.

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