H. B. 4036


(By Mr. Speaker, Mr. Kiss, and Delegates

Varner, Campbell, Stemple, Kominar, Amores,
Crosier, R. M. Thompson and Craig)

[Introduced January 17, 2006; referred to the
Committee on the Judiciary.]

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 or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties.

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) A person may not, with the intent that the crime be committed:
(1) Solicit or advocate another person to commit or join in the commission of murder; or
(2) Offer another person anything of pecuniary value as consideration for inducing the other person to commit or join in the commission of murder.
(b) As used in this section "anything of pecuniary value" means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage.
(c)(1) 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.
(2) A person who violates subsection (a) of this section, when personal injury results from the violation, is guilty of a felony and, upon conviction thereof, shall be fined not more than two hundred thousand dollars or imprisoned in a state correctional facility for a definite term of imprisonment which is not more than twenty years, or both fined and imprisoned.
(3) A person who violates subsection (a) of this section, when death results from the violation, is guilty of a felony and, upon conviction thereof, shall be fined not more than three hundred thousand dollars and imprisoned in a state correctional facility for life and is not eligible for parole.
(4) The penalties imposed under subdivisions (1) and (2) of this subsection shall be doubled when the suggested target of the potential murder is a law-enforcement officer, as defined in section one, article twenty-nine, chapter thirty of this code.
(d) The offenses and penalties provided in this section are cumulative and are in addition to any other offenses and penalties provided by law.



NOTE: The purpose of this bill is to provide criminal penalties for soliciting a person to commit murder.


This section is new; therefore, strike-throughs and underscoring have been omitted.