Senate Bill No. 8
(By Senators Jenkins and Fitzsimmons)
[Introduced February 13, 2013; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-11-27, relating
to requiring an additional five years of incarceration when
utilizing a minor in the commission of a crime.
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 §61-11-27, to read as
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-27. Additional punishment for utilizing minor in
commission of crime.
Notwithstanding any other provision of this code to the
contrary, when a person age twenty-one years or older is convicted
of an offense that provides for a punishment of confinement in a state correctional facility, and it is determined that the
convicted person utilized a minor age fifteen years or younger to
facilitate the commission of the offense, irrespective of whether
the minor had actual knowledge of participating in the crime, the
court shall add five years to the term of incarceration which the
person is or would be otherwise sentenced. This additional time is
NOTE: The purpose of this bill is to add five years to the
term of incarceration which a person would otherwise be sentenced
for utilizing a minor in the commission of a crime.
This section is new; therefore, strike-throughs and
underscoring have been omitted.