SB 765 — Modifying "Habitual Offender" statute

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Red = new code to be enacted WEST virginia legislature regular session EngrossedEnrolled Senate Bill 765 By Senators Weld and Woelfel [Introduced[Passed FebruaryMarch 13,7, 2020;

referredin toeffect the90 Committeedays onfrom thepassage] Judiciary]AN AACT BILL to amend and reenact §61-11-18 and §61-11-19 of the Code of West Virginia, 1931, as amended, all relating to provisions of the Habitual Offender statute;

and modifying provisions addressing eligibility of certain crimes for consideration,consideration; expiration of sentence prior to being considered, ineligibility for good time calculation, and eligibility for dual treatment under section allowing enhanced sentencing for second or subsequent offenses.

listing offenses which qualify to enhance a sentence;

maintaining penalty for persons having two or more prior qualifying offenses;

treating crimes arising from the same transaction or series of transactions as one offense;

requiring the most recent prior conviction to be less than 20 years old to be counted;

and requiring plea agreements to address applicability of habitual offender provisions.

(39) §61-3-27;§61-3-13(a);

(40) §61-3C-14b;§61-3-27;

(41) §61-3E-5;§61-3C-14b;

(42) §61-5-17(b),§61-3E-5; §61-5-17(f), §61-5-17(h), and §61-5-17(i);

(43) §61-5-27;§61-5-17(b), §61-5-17(f), §61-5-17(h), and §61-5-17(i);

(44) §61-6-24;§61-5-27;

(45) Felony§61-6-24; provisions of §61-7-7;

(46) §61-7-12;Felony provisions of §61-7-7;

(47) §61-7-15;§61-7-12;

(48) §61-7-15a;§61-7-15;

(49) §61-8-12;§61-7-15a;

(50) §61-8-19(b);§61-8-12;

(51) §61-8B-3;§61-8-19(b);

(52) §61-8B-4;§61-8B-3;

(53) §61-8B-5;§61-8B-4;

(54) §61-8B-7;§61-8B-5;

(55) §61-8B-9;§61-8B-7;

(a) (b) Except as provided by subsection (b) (c) of this section, when any person is convicted of an a qualifying offense and is subject to confinement in a state correctional facility therefor, and it is determined, as provided in §61-11-19 of this code, that such person had been before convicted in the United States of a crime punishable by confinement in a penitentiary, the court shall, if the sentence to be imposed is for a definite term of years, add five years to the time for which the person is or would be otherwise sentenced.

(b) (c) Notwithstanding the provisions of subsection (a) or (c) of this section or any other provision of this code to the contrary, when any person is convicted of first degree murder or second degree murder or a violation of §61-8B-3 of this code and it is determined, as provided in §61-11-19 of this code, that such person had been before convicted in this state of first degree murder, second degree murder, or a violation of section three, §61-8B-3 of this code or has been so convicted under any law of the United States or any other state for an offense which has the same elements as any offense described in this subsection, such person shall be punished by confinement in a state correctional facility for life and is not eligible for parole.

(c) (d) When it is determined, as provided in §61-11-19 of this code, that such person shall have been twice before convicted in the United States of a crime punishable by confinement in a penitentiary which has the same elements as a qualifying offense, the person shall be sentenced to be confined imprisonment in a state correctional facility for life:

It shall be the duty of the A prosecuting attorney, when he or she has knowledge of a former sentence or sentences to the penitentiary of any person convicted of an offense punishable by confinement in the penitentiary, to may give information thereof to the court immediately upon conviction and before sentence.

Said court shall, before expiration of the next term at which such person was convicted, cause such person or prisoner to be brought before it, and upon an information filed by the prosecuting attorney, setting forth the records of conviction and sentence, or convictions and sentences, as the case may be, and alleging the identity of the prisoner with the person named in each, shall require the prisoner to say whether he or she is the same person or not.

Provided, That where the person is convicted pursuant to a plea agreementagreement, the agreement shall address whether or not the provisions of this section and §§61-11-18 61-11-18 of this code are to be invoked.

The clerk of such court shall transmit a copy of said information to the warden of the penitentiary Commissioner of the Division of Corrections and Rehabilitation, together with the other papers required by the provisions of §62-8-10 of this code.