Senate Bill No. 606
(By Senator Burnette)
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[Introduced February 15, 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 providing for the
criminal offense of felonious battery; and providing a
criminal penalty.
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. Felonious battery; battery; assault; penalties.
(a) If any person maliciously premeditatively shoot, stab, cut
or wound any person, or by any means cause him or her serious
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, shall be punished by confinement in
the penitentiary 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, shall, in the discretion
of the court, either be confined in the penitentiary not less than
one nor more than five years, or be confined in jail not exceeding
twelve months and fined not exceeding five hundred dollars.
(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 shall be guilty of a misdemeanor,
and, upon conviction, shall be confined in jail for not more than
six months, or fined not more than one hundred dollars, or both
such fine and imprisonment.
(c) (b) 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, shall be confined in a county or regional
jail for not more than twelve months, or fined not more than five
hundred dollars, or both such fine fined and imprisonment
imprisoned.
(c) 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 shall be guilty of a misdemeanor
and, upon conviction, shall be confined in jail for not more than
six months, or fined not more than one hundred dollars, or both
fined and imprisoned.
NOTE: The purpose of this bill is to provide for the criminal
offense of felonious battery. The bill would eliminate the
criminal offenses of malicious and unlawful wounding in favor of
the single offense of felonious battery. Premeditation would
become the key element as opposed to malice or unlawfulness. The
penalty upon conviction would be four to ten years of
incarceration.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.