Senate Bill No. 653
(By Senators Kessler and Stollings)
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[Introduced February 22, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-11-18 of the Code of West Virginia,
1931, as amended, relating to making habitual offender
sentences discretionary with the sentencing court.
Be it enacted by the Legislature of West Virginia:
That §61-11-18 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-18. Punishment for second or third offense of felony.
(a) Except as provided by subsection (b) of this section, when
any person is convicted of an offense and is subject to confinement
in the state correctional facility therefor, and it is determined,
as provided in section nineteen of this article, that such person
had been before convicted in the United States of a crime
punishable by confinement in a penitentiary, the court
shall may,
if the sentence to be imposed is for a definite term of years, add
up to five years to the time for which the person is or would be
otherwise sentenced. Whenever in such case the court imposes an
indeterminate sentence, the minimum term
shall may be
up to twice
the term of years otherwise provided for under such sentence.
(b) Notwithstanding the provisions of subsection (a) or (c) of
this section or any other provision of this code to the contrary,
when any person is convicted of first degree murder or second
degree murder or a violation of section three, article eight-b of
this chapter and it is determined, as provided in section nineteen
of this article, that such person had been before convicted in this
state of first degree murder, second degree murder or a violation
of section three, article eight-b of said chapter or has been so
convicted under any law of the United States or any other state for
an offense which has the same elements as any offense described in
this subsection, such person shall be punished by confinement in
the state correctional facility for life and is not eligible for
parole.
(c) When it is determined, as provided in section nineteen of
this article, that such person shall have been twice before
convicted in the United States of a crime punishable by confinement
in a penitentiary, the person
shall may be sentenced to be confined
in the state correctional facility for
up to life.
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(NOTE: The purpose of this bill is to give sentencing courts discretion in determining sentences for habitual offenders.
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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