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