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Introduced Version House Bill 2879 History

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hb2879 intr
H. B. 2879


(By Delegates Iaquinta, Klempa, Fragale, Argento, Eldridge and Givens)

[Introduced January 13, 2010; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend and reenact §61-8D-3 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum prison sentence from two years to five years without the possibility of parole for a parent, guardian or custodian who abuses a child that results serious bodily injury.

Be it enacted by the Legislature of West Virginia:

That §61-8D-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8D. CHILD ABUSE.

§61-8D-3. Child abuse resulting in injury; child abuse or neglect creating risk of injury; criminal penalties.
(a) If any parent, guardian or custodian shall abuse a child and by such abuse cause such child bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and committed to the custody of the Division of Corrections for not less than one nor more than five years, or in the discretion of the court, be confined in the county or regional jail for not more than one year.
(b) If any parent, guardian or custodian shall abuse a child and by such abuse cause said child serious bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and committed to the custody of the Division of Corrections not less than two five nor more than ten years: Provided, That notwithstanding any provision in the code to the contrary, a parent, guardian or custodian so convicted is not eligible for parole unless he or she has served a full five years of the original sentence.
(c) Any person who abuses a child and by the abuse creates a substantial risk of serious bodily injury or of death to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and confined to the custody of the Division of Corrections for not less than one nor more than five years.


NOTE: The purpose of this bill increases the minimum prison sentence from two years to five years without the possibility of parole for a parent, guardian or custodian who abuses a child that results serious bodily injury.

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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