H. B. 4284
(By Delegates Tabb, Wysong, Doyle, Williams,
Kominar, Stalnaker, Long, Armstead, Michael,
Beach and Frederick)
[Introduced January 31, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-11-6 of the Code of West Virginia,
1931, as amended, relating to increasing the penalty for an
accessory after the fact to the same penalty for an accessory
before the fact.
Be it enacted by the Legislature of West Virginia:
That §61-11-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-6. Punishment of principals in the second degree and
accessories; who not deemed accessories after the
fact.
In the case of every felony, every principal in the second
degree, and every accessory before the fact and every accessory
after the fact, shall be punishable as if he or she were the
principal in the first degree. and every accessory after the fact
shall be confined in jail not more than one year and fined not
exceeding five hundred dollars. But no person in the relation of
husband and wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the
offender, who, after the commission of a felony, shall aid or
assist a principal felon, or accessory before the fact, to avoid or
escape from prosecution or punishment, shall be deemed an accessory
after the fact.
NOTE: The purpose of this bill is to increase the penalty for
an accessory after the fact to the same penalty for an accessory
before the fact.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.