H. B. 4588
(By Delegates Carmichael and Armstead)
[Introduced February 16, 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 §61-2-5a, relating to
creating a crime for concealing a human body of a victim of a
murder, voluntary manslaughter or involuntary manslaughter and
prescribing penalties therefor; and providing a misdemeanor
offense for failure to report personal knowledge involving the
concealment of a human body of a victim of murder, voluntary
manslaughter or involuntary manslaughter and prescribing
penalties therefor.
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 §61-2-5a, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-5a. Concealment of deceased human body of victim of certain
crimes; penalty.
(a) Any person who, by any means, conceals, attempts to conceal or who otherwise aids and abets any person to conceal the
deceased human body of a victim of any murder, voluntary
manslaughter or involuntary manslaughter is guilty of a felony and,
upon conviction thereof, shall be confined in a correctional
facility for not less than twenty-five years nor more than thirty
years and fined not less than fifteen thousand dollars, nor more
than twenty-five thousand dollars.
(b) Any person who has personal knowledge of the whereabouts
of any concealed or hidden deceased human body that has been
concealed or hidden in violation of the provisions of subsection
(a) of this section, has an affirmative duty to report the
substance of their personal knowledge to law-enforcement officers
within forty-eight hours of obtaining that knowledge. Should a
person, willfully and intentionally fail to report as required
under this subsection, that person is guilty of a misdemeanor and,
upon conviction thereof, may be confined in jail not more than one
year, or fined not more than one thousand dollars. For purposes of
this subsection, "personal knowledge" means knowledge premised on
an eye-witness observance of the perpetrator or perpetrators' acts
taken to conceal a deceased human body or the perpetrator or
perpetrators' admissions against interest related to concealing a
deceased human body: Provided, That a presumption exists when any
person is observed committing acts to conceal a dead human body or
is heard uttering a statement against his or her interest related
to concealing a deceased human body, that the subject human body
was a victim of murder, voluntary manslaughter or involuntary manslaughter.
NOTE: The purpose of this bill is to
create a crime for
concealing a human body of a victim of a murder, voluntary
manslaughter, or involuntary manslaughter while, additionally,
prescribing penalties therefor. The bill also creates a
misdemeanor offense for failure to report personal knowledge
involving the concealment of a human body of a victim of murder,
voluntary manslaughter, or involuntary manslaughter and prescribing
penalties therefor.
This section is new; therefore, strike-throughs and
underscoring have been omitted.