Senate Bill No. 36
(By Senator Kessler, Anderson, Ross, Love and Rowe)
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[Introduced February 14, 2001; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section nine, article two, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to creating a new
felony offense of premeditated malicious wounding.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, 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 2. CRIMES AGAINST THE PERSON.
§61-2-9. Malicious or unlawful assault; assault; premeditated
malicious wounding; battery; penalties.
(a) If any person maliciously shoot, stab, cut or wound any person, or by any means cause him or her bodily injury with intent
to maim, disfigure, disable or kill, he or she shall, except where
it is otherwise provided, be guilty of a felony and, upon
conviction thereof, shall be punished by confinement in the
penitentiary imprisoned in a state correctional facility not less
than two nor more than ten years. If such act be done unlawfully,
but not maliciously, with the intent aforesaid, the offender shall
be guilty of a felony and, upon conviction thereof, shall, in the
discretion of the court, either be confined in the penitentiary
imprisoned in a state correctional facility not less than one nor
more than five years, or be confined in the county or regional jail
not exceeding more than twelve months and fined not exceeding more
than five hundred dollars. If such act be done maliciously,
deliberately and with premeditation, the offender shall be guilty
of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for a definite period which is not less
than ten nor more than thirty years. A person imprisoned as a
result of premeditated malicious wounding is not eligible for
parole prior to having served a minimum of ten years of his or her
sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two, whichever is
greater.
(b) Assault. -- If any person unlawfully attempts to commit a
violent injury to the person of another or unlawfully commits an
act which places another in reasonable apprehension of immediately
receiving a violent injury, he or she shall be guilty of a
misdemeanor and, upon conviction thereof, shall be confined
imprisoned in the county or regional jail for not more than six
months, or fined not more than one hundred dollars, or both such
fine and imprisonment fined and imprisoned.
(c) Battery. -- If any person unlawfully and intentionally
makes physical contact of an insulting or provoking nature with the
person of another or unlawfully and intentionally causes physical
harm to another person, he or she shall be guilty of a misdemeanor
and, upon conviction thereof, shall be confined imprisoned in the
county or regional jail for not more than twelve months, or fined
not more than five hundred dollars, or both such fine and
imprisonment fined and imprisoned.
NOTE: This bill provides for a new felony offense of
premeditated malicious wounding, which would apply to a wounding for which the state can prove the same elements of murder in the
first degree, less the element of death.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.