COMMITTEE SUBSTITUTE
FOR
H. B. 4036
(By Mr. Speaker, Mr. Kiss, and Delegates Varner,
Campbell, Stemple, Kominar, Amores, Crosier,
R. M. Thompson and Craig)
(Originating in the Committee on the Judiciary)
[February 22, 2006]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-3a, relating to
soliciting murder; effect of uncorroborated testimony of the
person allegedly solicited; penalty; affirmative defenses;
prohibited defenses; and definitions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-3a, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-3a. Soliciting murder; penalties; penalties cumulative.
(a)
Whoever, by means of oral, written or electronic
communication, directly or through another, intentionally solicits
another to commit murder, or attempts to solicit another to commit
murder, with the intent that the murder be committed, is guilty of
the offense of solicitation of murder.
(b) A person may not be convicted under this section upon the
uncorroborated testimony of the person allegedly solicited, and
there must be proof of circumstances corroborating both the
solicitation and the defendant's intent.
(c) A person who violates subsection (a) of this section is
guilty of a felony and, upon conviction thereof, shall be fined not
more than one hundred thousand dollars or imprisoned in a state
correctional facility for a definite term of imprisonment which is
not more than ten years, or both fined and imprisoned; Provided,
That the penalty imposed by this subsection shall be doubled when
the target of the murder solicited by the defendant is a law-
enforcement officer, as defined in section one, article twenty-
nine, chapter thirty of this code.
(d) It is an affirmative defense to a prosecution under this
section that under circumstances manifesting a voluntary and
complete renunciation of his or her criminal purpose, the defendant
notified the person solicited of his or her renunciation and either
gave timely warning and cooperation to appropriate law enforcement
authorities or otherwise made a substantial effort to prevent the
performance of the criminal conduct commanded or solicited,
provided that conduct does not occur. The defendant shall
establish by a preponderance of the evidence the affirmative
defense under this subsection.
(e) It is no defense that the solicitation was unsuccessful
and the murder was not committed. It is no defense that the person
solicited could not be guilty of the murder solicited, due to
insanity, minority, or other lack of criminal responsibility or
incapacity. It is no defense that the person solicited was unaware
of the criminal nature of the conduct solicited. It is no defense
that the person solicited is unable to commit the murder solicited
because of the lack of capacity, status, or characteristic needed
to commit the murder solicited, so long as the person soliciting or the person solicited believes that either or both have such
capacity, status, or characteristic.
(f) For purposes of this section, "solicit" or "solicitation"
means to:
(1) command, request, induce, entreat, hire;
(2) offer to give, promise to give, or give any money,
services, or anything of value;
(3) forgive or promise to forgive a debt or obligation; or
(4) otherwise attempt to persuade another person, or offer his
or her services or another's services to a third person.