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.