Bill Text: WV HB4306 | 2016 | Regular Session | Introduced
Bill Title: Prohibiting persons who have committed crimes against the elderly from performing any court ordered public service involving the elderly
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Introduced - Dead) 2016-01-29 - To House Judiciary [HB4306 Detail]
Download: West_Virginia-2016-HB4306-Introduced.html
WEST virginia legislature
2016 regular session
Introduced
House Bill 4306
By Delegates Rowan, Border, Fast, Stansbury, Moye, Campbell, Overington, Romine, Hamilton, Perry and R. Phillips
[Introduced January 27,
2016; Referred
to the Committee on Senior Citizen Issues then the Judiciary.]
A BILL to amend and reenact §61-2-10a of the Code of West Virginia, 1931, as amended, relating to prohibiting persons who have committed crimes against the elderly from performing any court ordered public service involving the elderly.
Be it enacted by the Legislature of West Virginia:
That §61-2-10a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-10a. Violent crimes against the elderly; sentence not subject to suspension or probation.
(a) If any person be
convicted and sentenced for an offense defined under the provisions of section
nine or ten of this article, and if the person shall have committed such
offense against a person who is sixty-five years of age or older, then the
sentence shall be mandatory and shall not be subject to suspension or
probation: Provided, That the court may, in its discretion, suspend the
sentence and order probation to any person so convicted upon condition that
such person perform public service for a period of time deemed appropriate by
the court: which service shall Provided, however, That
the public service may not be rendered in or about facilities or programs
providing care or services for the elderly: Provided however further,
That the court may apply the provisions of article eleven-a, chapter sixty-two
of this code to a person committed to a term of one year or less.
(b) The existence of any fact which would make any person ineligible for probation under subsection (a) of this section because of the commission or attempted commission of a felony against a victim sixty-five years of age or older shall not be applicable unless such fact is: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter is tried before a jury; or (iii) found by the court, if the matter is tried by the court, without a jury.
NOTE: The purpose of this bill is to prohibit persons who have committed crimes against the elderly from performing any court ordered public service involving the elderly.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
