H. B. 2072


(By Delegate Manchin)

[Introduced February 14, 2001; referred to the

Committee on Education then the Judiciary.]





A BILL to amend article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-b, relating to armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students while on school property; definitions; penalties.

Be it enacted by the Legislature of West Virginia:

That article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fifteen-b, to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-15b. Armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students who are on school property; definitions; penalties.

If any person commit or conspire to commit an armed assault upon any school property, or upon any school personnel or students who are on school property, that person is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than twenty-five years and fined not less than ten thousand dollars.
For purposes of this section:
The term "armed assault" means an aggressive attack upon school property, or upon school personnel or students who are on school property, using weapons of deadly force including, but not limited to, guns, bombs or other explosive devices, and knives, spears or arrows.
The term "conspire" means two or more persons joining in an agreement to plot or contrive an armed assault upon school property, or upon school personnel or students on school property, and who have acquired or made positive steps to acquire weapons of deadly force to carry out such an assault.


NOTE: The purpose of this bill is to make armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students who are on school property, a felony punishable by 25 years imprisonment and a $10,000 fine.

This section is new; therefore, strike-throughs and underscoring have been omitted.