SB 697 — Modifying and clarifying elements of kidnapping and unlawful restraint

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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for Senate Bill 697 By Senators Trump, Woelfel, and Phillips [Introduced[Originating Februaryin 21,the 2022;Committee on the Judiciary;

referredreported toon theFebruary Committee28, on2022] the  Judiciary]   A BILL to amend and reenact §61-2-14a and §61-2-14g of the Code of West Virginia, 1931, as amended, all relating generally to the offenses of kidnapping and unlawful restraintsrestraint; generally;

clarifying the distinctivedistinct elements of the separate offenses;

or (4) Use another person as a shield or hostage, is(a) guiltyAny ofperson awho felonyunlawfully: and, upon conviction thereof, shall be punished by imprisonment by the Division of Corrections and Rehabilitation for life, and, notwithstanding the provisions of §62-12-1 et seq.

(1) Takes custody of, conceals, confines, or restrains another person against his or her will by means of force, threat of force, duress, fraud, deceit, inveiglement, misrepresentation, or enticement with the intent to:

(A) Hold another person for ransom, reward, or concession;

or (B) Uses another as a shield or hostage;

or (2) Transports another person against his or her  will in order obtain a ransom, reward, or  concession from any person or to terrorize him or her or another person, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment by the Division of Corrections and Rehabilitation for life and, notwithstanding the provisions of §62-12-1 et seq.

(1) A jury may, in theirits discretion, recommend mercy, and if the recommendation is added to theirits verdict, the person is eligible for parole in accordance with the provisions of §62-12-1 et seq.

(e) Notwithstanding any provision of this code to the contrary, where a law-enforcement agency of this state or a political subdivision thereof receives a complaint that a violation of the provisions of this section has occurred, the receiving law-enforcement agency shall notify any other law-enforcement agency with jurisdiction over the offense, including, but not limited to, the State Police and each agency so notified,notified shall cooperate in the investigation immediately.

(f) It is a defense to a violation of subsection (d) of this section,section that the accused’s action was necessary to preserve the welfare of the minor child and the accused promptly reported his or her actions to a person with lawful custody of the minor, to law enforcement, or to the Child Protective Services Division of the Department of Health and Human Resources.

(a) Any person who, without legal authority intentionally restrains another with the intent that the other person not be allowed to leave the place of restraint and who does so by physical force or by overt or implied threat of violence or by actual physical restraint but without the intent to obtain any other concession or thingtangible oritem  or economic advantage as those terms are used in section fourteen-a of this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, fined not more than $1,000, or both.

or (2) The person restrained was a child less than eighteen18 years old and that the actor was a parent or legal guardian, or a person acting under authority granted by a parent or legal guardian of such child, or by a teacher or other school personnel employee acting under authority granted by §18A-5-1 of this code, and that his or her sole purpose was to assume control of such child.

(c) As used in this sectionsection, to “restrain” means to restrict a person’s movement without his or her consent.

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The purpose of this bill is to modify and clarify the elements of the crimes of kidnapping and unlawful restraint.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.