HB 2123 — Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

HB2123 SHFAT JUDMcGeehan AM4-8Morgan #13345 Delegate 3-24NicholsMcGeehan  7892 The Committee on the Judiciary moved to amend the bill by striking out everything after the enactingtitle clause and insertingsubstituting intherefor lieua thereofnew thetitle, following: to ARTICLEread 8D.as follows:H.

CHILDB. ABUSE.

§61-8D-3.2123 -- “A BILL to amend and reenact §61-8D-3 and §61-8D-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in relation to a child for child abuse resulting in bodily injury, serious bodily injury, child abuse causing substantial risk of death or serious bodily injury;

Childproviding abusethat resultinga inprior injury;conviction under this section subjects a person to increased penalties;

childand abuseproviding creatinga riskdefinition offor injury;a prior conviction;

and also relating to modifying the criminal penalties.penalties imposed on a parent, guardian, custodian, or person in a position of trust in relation to a child for child neglect resulting in bodily injury, serious bodily injury, and child neglect causing substantial  risk of death  or serious bodily injury;

(a)providing Ifthat any a parent,prior guardian, or custodian, or person in a position of trust in relation to a child shall abuseabuses a child and by the abuse causecauses the child bodily injury as the term is defined in §61-8B-1 of this code, then the parent, guardian, or custodian, or person in a position of trust in relation to a the child is guilty of a felony and, upon conviction thereof,under shall be fined not less than $100 nor more than $1,000 and imprisoned in a state correctional facility for not less than one two nor more than five 10 years, or in the discretion of the court, be confined in jail for not more than one year.(b) If any a parent, guardian, or custodian, or person in a position of trust in relation to a child shall abuseabuses a child and by the abuse causecauses the child serious bodily injury as the term is defined in §61-8B-1 of this code,section thensubjects such the parent, guardian, or custodian, or person in position of trust shall be is 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 imprisoned in a state correctional facility not less than two five nor more than 10 15 years.(c) Any A parent, guardian, or custodian, or person in a position of trust in relation to aincreased childpenalties; who abuses a child and by the abuse creates a substantial risk of death or serious bodily injury to the child, as serious bodily injury is defined in §61-8B-1 of this code, to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 or imprisoned in a state correctional facility for not less than one nor more than five 10 years.

(d)(1) If a parent, guardian, or custodian, or person in a position of trust in relation to a child who has not previously been convicted under this section, §61-8D-4 of this code, or a law of another state or the federal government with the same essential elements abuses a child and byproviding the abuse creates a substantialdefinition risk of bodily injury, as bodily injury is defined in §61-8B-1 of this code, to the child, then the parent, guardian, custodian, or person in position of trust is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both.(2) For a second offense under this subsection or for a person with one prior convictionconviction.”;    AdoptedRejected  under this section, section four of this article or a law of another state or the federal government with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,500 and confined in jail not less than thirty days nor more than one year, or both(3)(2) For a third or subsequent offense under this subsection or for a person with two or more prior convictions under section If a parent, guardian, custodian, or person in a position of trust to a child violates this subsection and has previously been convicted of violating this subsection, §61-8D-4(d) of this code, or a law of another state or the federal government with the same essential elements, then the parent, guardian, or custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and imprisoned in a state correctional facility not less than one year nor more than three five years.

or both.(e) Any person convicted of a second or subsequent felony offense under this section, who was previously convicted of a felony offense under this section, §61-8D-4, or a law of another state or the federal government with the same essential elements of a felony offense contained within either section, may be imprisoned for a term up to twice the term otherwise authorized.

(e)(f) Any person convicted of a misdemeanor offense under this section:(1) May be required to complete parenting classes, substance abuse counseling, anger management counseling, or other appropriate services, or any combination thereof, as determined by Department of Human Services through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;(2) Shall May not be required to register pursuant to §15-13-1 et seq.

of this code;

and(3) Shall May not, solely by virtue of the conviction, have their his or her custody, visitation or parental rights automatically restricted.(f)(g) Nothing in This section shall does not preclude a parent, guardian, or custodian from providing reasonable discipline to a child.

§61-8D-4.

Child neglect resulting in injury;

child neglect creating risk of injury;

criminal penalties.

(a) If a parent, guardian, or custodian, or person in a position of trust in relation to a child neglects a child and by the such neglect causes the child bodily injury, as bodily injury is defined in §61-8B-1 of this code, then the parent, guardian, or custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one two years nor more than three 10 years, or in the discretion of the court, be confined in jail for not more than one year.

or both.(b) If a parent, guardian, or custodian, or person in a position of trust in relation to a child neglects a child and by such neglect causes the child serious bodily injury, as serious bodily injury is defined in §61-8B-1 of this code, then the parent, guardian, or custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be fined not less than $300 nor more than $3,000 or imprisoned in a state correctional facility for not less than one five years nor more than 10 15 years.

or both.

(c) If a parent, guardian, or custodian, or person in a position of trust in relation to a child grossly neglects a child and by that gross neglect creates a substantial risk of death or serious bodily injury, as serious bodily injury is defined in §61-8B-1 of this code, of the child then the parent, guardian, or custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000 dollars or imprisoned in a state correctional facility for not less than one nor more than five 10 years.

or both.

(d)(1) If a parent, guardian, or custodian, or person in a position of trust in relation to a child who has not been previously convicted under this section, §61-8D-3 of this code, or a law of another state or the federal government with the same essential elements neglects a child and by that neglect creates a substantial risk of bodily injury, as defined in §61-8B-1 of this code, to the child, then the parent, guardian, or custodian, or person in a position of trust in relation to a child is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.(2) For a second offense under this subsection or for a person with one prior conviction under this section, section three of this article or a law of another state or the federal government with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 and confined in jail not less than thirty days nor more than one year, or both(3)(2) For a third or subsequent offense under this subsection or for a person with two or more prior convictions under section If a parent, guardian, custodian, or person in a position of trust to a child violates this subsection and has previously been convicted of violating this subsection, §61-8D-3(d) of this code, or a law of another state or the federal government with the same essential elements, the parent, guardian, or custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 and imprisoned in a state correctional facility not less than one year nor more than three five years.

or both fined and imprisoned.(e) Any person convicted of a felony offense under this section, who was previously convicted of a felony offense this section, §61-8D-3, or a law of another state or the federal government with the same essential elements of a felony offense contained within either section, may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both fined and imprisoned.

(e)(f) The provisions of this section shall may not apply if the neglect by the parent, guardian, or custodian, or person in a position of trust in relation to a child is due primarily to a lack of financial means on the part of the parent, guardian, or custodian, or person in a position of trust in relation to a the child.(f)(g) Any person convicted of a misdemeanor offense under this section:(1) May be required to complete parenting classes, substance abuse counseling, anger management counseling, or other appropriate services, or any combination thereof, as determined by Department of Human Services through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;(2) Shall May not be required to register pursuant to the requirements of §15-13-1 et seq.

of this code;

and(3) Shall May not, solely by virtue of the conviction, have his or her custody, visitation, or parental rights automatically restricted.   AdoptedRejected