H. B. 4708


(By Delegates Hines, Staton, Wills and Capito)


[Introduced February 25, 2000; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact section eight, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the effect of the repeal or expiration of law.

Be it enacted by the Legislature of West Virginia:
That section eight, article two, chapter two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. EFFECT OF REPEAL OR EXPIRATION OF LAW.
 §2-2-8. Effect of repeal or expiration of law.
The repeal of a law, or its expiration by virtue of any provision contained therein, shall does not affect any offense committed, or penalty or punishment incurred, before the repeal took effect, or the law expired, save only that the proceedings thereafter had shall are to conform as far much as is practicable to the laws in force at the time such proceedings take place, unless otherwise specially provided; and that if. If any penalty or punishment be mitigated by the new law, such the new law may, with the consent of the party affected thereby, be applied to any judgment pronounced after it has taken effect; Provided, That no party may benefit from the mitigation of any penalty or punishment if the new law took effect while the party was evading prosecution by willfully violating a court order.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.