Senate Bill No. 266

(By Senators Mitchell and Kessler)

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[Introduced January 21, 2002; 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 a new felony offense of premeditated malicious wounding in reference to a wounding for which the state can prove the same elements of first degree murder less the element of death.

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; 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 the 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 the 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: The purpose of this bill is to provide for a new felony offense of premeditated malicious wounding applying to a wounding for which the state can prove the same elements of first degree murder 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.