SB 666 — Placing cap on maximum penalty that may be imposed for first-degree robbery

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 666 ByBYSENATORSWOELFEL SenatorsACAPUTO Woelfel[Originating andin Caputothe [introducedCommittee Februaryon 17,the 2023;Judiciary;

referredreported toon CommitteeFebruary on24, the2023] Judiciary]CS Intrfor SB 666 2023R3796 A BILL to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the crime of robbery;

establishing the maximum term of years that may be imposed as a penalty upon conviction;conviction of robbery in the first degree;

and creatingeliminating consistency between the maximumseparate sentencescrime that may be imposed for the crimes of first-degree robbery and bank robbery.

or (2) uses the threat of deadly force by the presenting of a firearm or other deadly weapon, is guilty of robbery in the first degree and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than ten 10 years nor more than 5080 years.

(b) Any person who commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a) of this section or any person who commits or attempts to commit robbery by the use of any means designed to temporarily disable the victim, including, but not limited to, the use of a disabling chemical substance or an electronic shock device, is guilty of robbery in the second degree and, upon conviction thereof, shall be confinedimprisoned in a state correctional facility for not less than five years nor more than eighteen18 years.

and (2) if any person in committing, or in attempting to commit, any offense defined in the preceding clause (1) of this subsection, CS for SB 666 assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, disabling chemical substance or an electronic shock device, he or she shall be guilty of a felony Intr SB 666 2023R3796 and, upon conviction, shall be confined in the penitentiary not less than ten 10 years nor more than twenty-five 50 years.years 2

NOTE:

The purpose of this bill is to place a cap on the maximum penalty—50 years— that can be imposed upon conviction for first-degree robbery.

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