Bill Text: WV HB2024 | 2017 | Regular Session | Introduced
Bill Title: Creating a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-08 - To House Judiciary [HB2024 Detail]
Download: West_Virginia-2017-HB2024-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
House Bill 2024
By Delegate Rodighiero
[Introduced February
8, 2017; Referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to crimes against the person; creating a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated; and providing penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-31, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Assault, battery on child under fifteen years of age or mentally incapacitated person; penalties.
(a) If any person commits an assault as defined in subsection (b), section nine of this article, to the person of a child under the age of fifteen years or to the person of someone who is mentally incapacitated, regardless of age, the offender is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000 and imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.
(b) If any person commits a battery, as defined in subsection (c), section nine of this article, against the person of a child under the age of fifteen years or to the person of someone who is mentally incapacitated, regardless of age, the offender is guilty of a felony and, upon conviction thereof, shall be fined not less than $3,000 nor more than $10,000 and imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
NOTE: The purpose of this bill is to create a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
