H. B. 4398
(By Delegates Reynolds, Eldridge, Craig,
Stephens, Sobonya, C. Miller and Morgan)
[Introduced February 4, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-8D-2 of the Code of West Virginia,
1931, as amended, relating to creating the crime of murder of
a child by a parent who exposes his or her child to the
manufacturing of a controlled substance.
Be it enacted by the Legislature of West Virginia:
That §61-8D-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-2. Murder of a child by a parent, guardian or custodian or
other person by refusal or failure to supply
necessities, or by delivery, administration or
ingestion of a controlled substance
or by exposure to
the manufacturing of a controlled substance;
penalties.
(a) If any parent, guardian or custodian shall maliciously and intentionally cause the death of a child under his or her care,
custody or control by his or her failure or refusal to supply such
child with necessary food, clothing, shelter or medical care
or by
the knowing exposure of the child to the manufacturing of a
controlled substance, then such parent, guardian or custodian shall
be guilty of murder in the first degree.
(b) If any parent, guardian or custodian shall cause the death
of a child under his or her care, custody or control by knowingly
allowing any other person to maliciously and intentionally fail or
refuse to supply such child with necessary food, clothing, shelter
or medical care, then such other person and such parent, guardian
or custodian shall each be guilty of murder in the first degree.
(c) The penalty for offenses defined by this section shall be
that which is prescribed for murder in the first degree under the
provisions of section two, article two of this chapter.
(d) The provisions of this section shall not apply to any
parent, guardian or custodian who fails or refuses, or allows
another person to fail or refuse, to supply a child under the care,
custody or control of such parent, guardian or custodian with
necessary medical care, when such medical care conflicts with the
tenets and practices of a recognized religious denomination or
order of which such parent, guardian or custodian is an adherent or
member.
NOTE: The purpose of this bill is to create the crime of
murder of a child by a parent who exposes his or her child to the
manufacturing of a controlled substance.
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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