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SB196 SUB1 Senate Bill 196 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 196

(By Senators Foster, Kessler (Acting President), Chafin, Hall, Laird, Minard, Palumbo, Snyder, Williams, Plymale, Klempa and Jenkins )

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[Originating in the Committee on the Judiciary;

reported February 7, 2011.]

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A BILL to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of robbery and attempted robbery; creating offenses of robbery or attempted robbery causing serious bodily injury, robbery or attempted robbery with the discharge of a firearm, robbery or attempted robbery causing bodily injury and robbery or attempted robbery by presentation or threat of a deadly weapon; creating offenses of general robbery or attempted robbery; and establishing criminal penalties.

Be it enacted by the Legislature of West Virginia:

    That §61-2-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-12. Robbery or attempted robbery; penalties.

    (a) Any person who commits or attempts to commit robbery and in the course thereof discharges a firearm or causes a victim or victims serious bodily injury as defined in section one, article eight-b of this chapter is guilty of the felony offense of aggravated robbery and upon conviction thereof shall be imprisoned in a state correctional facility for a determinate sentence of not less than twenty years.

    (b) Any person who commits or attempts to commit robbery and in the course thereof causes a victim or victims bodily injury as defined in section one, article eight-b of this chapter is guilty of the felony offense of robbery causing bodily injury and upon conviction, shall be imprisoned in a state correctional facility for a determinate sentence of not less than five nor more than sixty years.

    (c) Any person who commits or attempts to commit robbery by the presentation of a firearm or other deadly weapon or the pretense of possessing same is guilty of the felony offense of robbery by the use or threat of a deadly weapon and upon conviction thereof shall be imprisoned in a state correctional facility for a determinate sentence of not less than ten years nor more than fifty years.

    (d) Any person who commits robbery or attempted robbery in a manner other than those set forth in subsections (a), (b), or (c) of this section shall be guilty of a felony and, upon conviction shall be imprisoned in a state correctional facility for not less than five nor more than eighteen years.

 

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(NOTE: This section has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.)

 




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