West Virginia 2021 Regular Session Status: Enacted 1 R cosponsors

SB 496 — Relating to punishment for second or third degree felony

Last action — Chapter 84, Acts, Regular Session, 2021

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 01, 2021. Enacted.

Prognosis

Advancing 40% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

33 added · 39 removed

Plain-language change summary

The recent amendments to Bill SB 496 tighten the penalties for certain repeat offenders of serious crimes such as first and second degree murder. The changes specify that if someone has a prior conviction for these serious offenses, they will face a mandatory life sentence without the possibility of parole upon a subsequent conviction. This is significant because it aims to deter repeat offenders and enhance public safety by ensuring that those who have committed severe crimes in the past face harsher consequences if they re-offend.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 496 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 496 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 496 By Senator Weld [Introduced March 1, 2021;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 496 By Senator Weld [Passed April 7, 2021;
referred to the Committee on the Judiciary]     A BILL to amend and reenact §61-11-18 of the Code of West Virginia, 1931, as amended, relating to punishment for second or third offense felony;
in effect 90 days from passage]     AN ACT to amend and reenact §61-11-18 of the Code of West Virginia, 1931, as amended, relating to punishment for second or third offense felony;
(b) Except as provided by subsection (c) of this section, when any person is convicted of a qualifying offense and is subject to confinement imprisonment 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 imprisonment in a penitentiary state correctional facility, 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) Except as provided by subsection (c) of this section, when any person is convicted of a qualifying offense and is subject to imprisonment 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 imprisonment in state correctional facility, 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.
(c) Notwithstanding any 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 §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 or substantially similar elements as any offense described in this subsection, such person shall be punished by confinement imprisonment in a state correctional facility for life and is not eligible for parole.
(c) Notwithstanding any 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 §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 or substantially similar elements as any offense described in this subsection, such person shall be punished by imprisonment in a state correctional facility for life and is not eligible for parole.
(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 imprisonment in a penitentiary state correctional facility which has the same or substantially similar elements as a qualifying offense, the person shall be sentenced to imprisonment in a state correctional facility for life: Provided, That prior convictions arising from the same transaction or series of transactions shall be considered a single offense for purposes of this section: Provided, however, That an offense which would otherwise constitute a qualifying offense for purposes of this subsection and subsection (b) of this section shall not be considered if more than 20 years have elapsed between that offense and the conduct underlying the current charge.
(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 imprisonment in a state correctional facility which has the same or substantially similar elements as a qualifying offense, the person shall be sentenced to imprisonment in a state correctional facility for life: Provided, That prior convictions arising from the same transaction or series of transactions shall be considered a single offense for purposes of this section: Provided, however, That an offense which would otherwise constitute a qualifying offense for purposes of this subsection and subsection (b) of this section shall not be considered if more than 20 years have elapsed between that offense and the conduct underlying the current charge.
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Action History

  1. Chapter 84, Acts, Regular Session, 2021

  2. Approved by Governor 4/19/21

  3. To Governor 4/13/21

  4. Approved by Governor 4/19/21 - Senate Journal

  5. Approved by Governor 4/19/21 - House Journal

  6. To Governor 4/13/21 - House Journal

  7. To Governor 4/13/21 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 499)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Postponed on 2nd reading, Special Calendar, until 4/6

  17. On 2nd reading, Special Calendar

  18. Read 1st time

  19. On 1st reading, Special Calendar

  20. Do pass

  21. To House Judiciary

  22. To Judiciary

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 119)

  26. Read 3rd time

  27. On 3rd reading

  28. Read 2nd time

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Reported do pass

  33. To Judiciary

  34. Introduced in Senate

  35. To Judiciary

  36. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Failed 0 Yea · 0 Nay

Per-member breakdown not published by this state.

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 496?
SB 496 is sponsored by Ryan Weld (Republican).
What is the current status of SB 496?
This bill has been enacted into law. Introduced March 01, 2021. Enacted.
Where can I track SB 496?
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