H. B. 2553

         (By Delegates Barker and Hall)

         [Introduced January 11, 2012

; referred to the

         Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-3-15a, relating to subjecting certain inmates that commit first degree murder to capital punishment.

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 §62-3-15a, to read as follows:

ARTICLE 3. TRIAL OF CRIMINAL CASES.

§62-3-15a. Capital punishment for certain inmates that commit first              degree murder.

    Notwithstanding any other provision of this code to the contrary, every person convicted of a felony that is serving a sentence of life imprisonment without mercy, who is subsequently convicted of first degree murder while serving his or her sentence, is subject to capital punishment.

    NOTE: The purpose of this bill is to authorize capital punishment for inmates serving a sentence of life without mercy who are subsequently convicted of first degree murder while serving their sentence.

    This section is new; therefore, it has been completely underscored.