ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 121
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 9, 2000.]
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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 doubling the minimum 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.
ยง61-11-18. 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 confinement 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 the minimum term
shall be twice the term of years 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 of
this chapter 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
confinement in the penitentiary state correctional facility for life and is not eligible for parole.
(c) When it is determined, as provided in section nineteen of
this article, 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.