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SB650 SUB1 Senate Bill 650 History

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SB650 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 650

(By Senators Jenkins, Plymale and Kessler)

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[Originating in the Committee on the Judiciary;

reported March 23, 2009.]

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A BILL to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for accessory after the fact to certain crimes to a felony; establishing penalty; and creating exceptions.

Be it enacted by the Legislature of West Virginia:
That §61-11-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-6. Punishment of principals in the second degree and accessories; who not deemed accessories after the fact.

(a) In the case of every felony, every principal in the second degree and every accessory before the fact shall be punishable as if he or she were the principal in the first degree; and every accessory after the fact shall be confined in jail not more than one year and fined not exceeding $500. But no person in the relation of husband and wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon, or accessory before the fact, to avoid or escape from prosecution or punishment shall be deemed an accessory after the fact.
(b) Notwithstanding the provisions of subsection (a) of this section, an accessory after the fact to a violation of the provisions of sections one, four, nine, ten-b and twelve, article two of this chapter who is not a person in the relation of husband and wife, parent, grandparent, child, grandchild, brother or sister, whether by consanguinity or affinity, shall, upon conviction, be guilty of a felony and confined in a state correctional facility for not less than one nor more than five years.

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(NOTE: The purpose of this bill is to increase the penalty for accessory after the fact to certain crimes to a felony; establish a penalty; and create exceptions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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