ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 121
(Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive, original sponsors)
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[Passed March 10, 2000; in effect ninety days from passage.]
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AN ACT 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.
§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 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 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, 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 confinement in
the 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 state correctional facility for life.