Senate Bill No. 121
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 18, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section eighteen, article eleven,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to sentencing of
habitual criminals; and establishing the addition of a
five-year penalty to both the minimum and maximum term of an
indeterminate felony sentence for a twice-convicted felon.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article eleven, 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 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18. Punishment for second or third offense of felony.
(a) Except as provided by subsection (b) of this section, when any person is convicted of an offense and is subject to confinement
in the penitentiary state correctional facility therefor, and it is
determined, as provided in section nineteen of this article, that
such person had been before convicted in the United States of a
crime punishable by imprisonment in a penitentiary, the court
shall, if the sentence to be imposed is for a definite term of
years, add five years to the time for which the person is or would
be otherwise sentenced. Whenever in such case the court imposes an
indeterminate sentence, five year shall be added to both the
minimum and the maximum term
of imprisonment otherwise provided for under such sentence.
(b) Notwithstanding the provisions of subsection (a) or (c) of
this section or any other provision of this code to the contrary,
when any person is convicted of first degree murder or second
degree murder or a violation of section three, article eight-b,
chapter sixty-one of this code, and it is determined, as provided
in section nineteen of this article, that such person had been
before convicted in this state of first degree murder, second
degree murder or a violation of section three, article eight-b of
said chapter, or has been so convicted under any law of the United
States or any other state for an offense which has the same
elements as any offense described in this subsection, such person shall be punished by imprisonment in the penitentiary state
correctional facility
for life and is not eligible for parole.
(c) When it is determined, as provided in section nineteen
hereof, that such person shall have been twice before convicted in
the United States of a crime punishable by confinement in a
penitentiary, the person shall be sentenced to be confined in the
penitentiary state correctional facility
for life.
NOTE: The purpose of this bill is to add a five-year penalty
to both the minimum and maximum term of an indeterminate felony
sentence for a twice convicted felon.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.