Bill Text: WV HB2365 | 2022 | Regular Session | Introduced
Bill Title: Relating to accessories to a crime
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-12 - To House Judiciary [HB2365 Detail]
Download: West_Virginia-2022-HB2365-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2365
By Delegate Smith
[Introduced February 13, 2021; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to certain persons who are accessories to a crime before or after the fact; providing that no person who is a domestic partner to a felony offender may be deemed an accessory after the fact; removing prohibition that a servant of an offender may not be deemed an accessory after the fact; providing that an accessory to a felony who is the brother or sister, parent or grandparent, or child or grandchild of the principal offender is guilty of a misdemeanor; providing that an accessory to a misdemeanor is a misdemeanor; and providing penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-6. Punishment of principals in the second degree and accessories before and after the fact.
(a) In the case of every
felony, every principal in the second degree and every accessory before the
fact shall be punishable as if he or she were the principal in the first
degree; and every accessory after the fact is guilty of a misdemeanor and,
upon conviction thereof, shall be confined in jail not more than one year
and fined not exceeding $500: But Provided, That no
person in the relation of husband and wife, parent or grandparent, child or
grandchild, brother or sister, by consanguinity or affinity, or servant spouse
or domestic partner to the offender, who, after the commission of a felony,
shall aid or assist a principal felon, or accessory before the fact, to avoid
or escape from prosecution or punishment shall be deemed an accessory after the
fact.
(b) Notwithstanding the
provisions of subsection (a) of this section, any person who knowingly harbors,
conceals, maintains or assists the principal felon after the commission of the
underlying offense violating the felony provisions of §61-2-1,
§61-2-4,or §61-2-9 of this code, or gives such offender aid knowing that he or
she has committed such felony, with the intent that the offender avoid or
escape detention, arrest, trial or punishment, shall be considered an accessory
after the fact and is guilty of a felony and, upon conviction thereof,
shall be guilty of a felony and, confined imprisoned in a
state correctional facility for a period not to exceed five years, or a period
of not more than one half of the maximum penalty for the underlying felony
offense, whichever is the lesser maximum term of confinement: But Provided,
That no person who is a person in the relation of husband and
wife, parent, grandparent, child, grandchild, brother or sister, whether by consanguinity
or affinity, or servant spouse or domestic partner to the offender
shall be considered an accessory after the fact.
(d) An accessory to a misdemeanor is guilty of a misdemeanor and may be indicted, tried, and convicted in the manner provided for an accessory to a felony and, upon conviction thereof, except where a different punishment is otherwise specially provided by the law, shall be confined in jail for not more than 30 days, or fined not more than $500, or both fined and confined.
NOTE: The purpose of this bill is to change certain offenses and penalties therefor for certain persons who are accessories to a crime. The bill provides that a domestic partner to a felony offender may not be deemed an accessory after the fact; removes prohibition that a servant of a felony offender may not be deemed an accessory after the fact; providing that an accessory to a felony who is the brother or sister, parent or grandparent, or child or grandchild of the principal offender is guilty of a misdemeanor; providing that an accessory to a misdemeanor is a misdemeanor.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
