H. B. 2592
(By Delegate Modesitt)
[Introduced February 2, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article two, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to extending the
felony-murder rule to "any felony."
Be it enacted by the Legislature of West Virginia:
That section one, article two, 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 2. CRIMES AGAINST THE PERSON.
§61-2-1. First and second degree murder defined; allegations in
indictment for homicide.
Murder by poison, lying in wait, imprisonment, starving or by any willful, deliberate and premeditated killing, or in the
commission of, or attempt to commit arson, kidnapping, sexual
assault, robbery, burglary, breaking and entering, escape from
lawful custody, or a felony offense of manufacturing or
delivering a controlled substance as defined in article four,
chapter sixty-a of this code, any felony is murder of the first
degree. All other murder is murder of the second degree.
In an indictment for murder and manslaughter, it shall not
be necessary to set forth the manner in which, or the means by
which, the death of the deceased was caused, but it shall be
sufficient in every such indictment to charge that the defendant
did feloniously, willfully, maliciously, deliberately and
unlawfully slay, kill and murder the deceased.
NOTE: The purpose of this bill is to extend the
felony-murder rule to "any felony."
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.