§61-2-10a. Violent crimes against the elderly; sentence not
subject to suspension or probation.
(a) If any person be convicted and sentenced for an offense
defined under the provisions of section nine or ten of this
article, and if the person shall have committed such offense
against a person who is sixty-five years of age or older, then the
sentence shall be mandatory and shall not be subject to suspension
or probation: Provided,
That the court may, in its discretion,
suspend the sentence and order probation to any person so convicted
upon condition that such person perform public service for a period
of time deemed appropriate by the court, which service shall be
rendered in or about facilities or programs providing care or
services for the elderly: Provided, however,
That the court may
apply the provisions of article eleven-a, chapter sixty-two of this
code to a person committed to a term of one year or less.
(b) The existence of any fact which would make any person
ineligible for probation under subsection (a) of this section
because of the commission or attempted commission of a felony
against a victim sixty-five years of age or older shall not be
applicable unless such fact is (i) found by the court upon a plea
of guilty or nolo contendere, or (ii) found by the jury, if the
matter is tried before a jury or (iii) found by the court, if the
matter is tried by the court, without a jury.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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