H. B. 2579


(By Delegates Amores, Pino, Stemple, Varner,

Webster and Webb)


[Introduced February 28, 2001; referred to

the

Committee on the Judiciary.]



A BILL to amend and reenact section eight, article eleven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to attempted crimes and increasing penalties therefor.

Be it enacted by the Legislature of West Virginia:
That section eight, 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.
§61-11-8. Attempts; classification and penalties therefor.
Every person who attempts to commit an offense, but fails to commit or is prevented from committing it, shall, where it is not otherwise provided, be punished as follows:
(1) If the offense attempted be is punishable with by life imprisonment, the person making such the attempt shall be is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary a state correctional facility for not less than one five nor more than five twenty-five years.
(2) If the offense attempted be is punishable by imprisonment in the penitentiary a state correctional facility for a term less than life, such the person shall be is guilty of a felony, and, upon conviction thereof, shall, in the discretion of the court, either be imprisoned in the penitentiary a state correctional facility for not less than one nor more than three years, or be confined in the county or regional jail not less than six nor more than twelve months, and fined not exceeding more than five hundred dollars.
(3) If the offense attempted be is punishable by confinement in the county or regional jail, such the person shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county or regional jail not more than six months, or fined not exceeding more than one hundred dollars.
NOTE: The purpose of this bill is to increase the penalty for attempted crimes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.