Senate Bill No. 610

(By Senators Wooton, Burnette, Caldwell, Fanning, Hunter, Kessler, Minard, Mitchell, Oliverio, Rowe, Deem,

Facemyer and McKenzie)

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[Originating in the Committee on the Judiciary;


reported February 15, 2002.]

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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 increasing the penalty for attempts to commit offenses punishable by life imprisonment.

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 punishable with life imprisonment, the person making such attempt shall be guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary not less than one three nor more than five fifteen years.
(2) If the offense attempted be punishable by imprisonment in the penitentiary for a term less than life, such person shall be guilty of a felony and, upon conviction, shall, in the discretion of the court, either be imprisoned in the penitentiary for not less than one nor more than three years, or be confined in jail not less than six nor more than twelve months, and fined not exceeding five hundred dollars.
(3) If the offense attempted be punishable by confinement in jail, such person shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.
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(NOTE: The purpose of this bill is to increase the penalty for attempted murder and attempted kidnapping from one to five years to three to fifteen years.

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