Bill Text: WV HB2460 | 2013 | Regular Session | Introduced
Bill Title: Creating a new offense for child neglect
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Introduced - Dead) 2013-02-26 - To House Finance [HB2460 Detail]
Download: West_Virginia-2013-HB2460-Introduced.html
(By Delegates Marcum, Phillips, R., Ferro, Diserio, Ferns, Lawrence, Campbell, White, Pethtel, Marshall and Fleischauer)
[Introduced February 14, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating a new offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury and providing penalties upon conviction.
Be it enacted by the Legislature of West Virginia:
That §61-8D-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties.
(a) If
(b) If
(c) If a parent, guardian or custodian grossly neglects a child and by that gross neglect creates a substantial risk of serious bodily injury, as defined in section one, article eight-b of this chapter, or of death to the child, then the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 dollars and imprisoned in a state correctional facility for not less than one nor more than five years.
__(d) If a parent, guardian or custodian neglects a child and by that neglect creates a substantial risk of bodily injury, as defined in section one, article eight-b of this chapter, to the child, then the parent, guardian or custodian, is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined not less than $500 nor more than $1,000 or confined in jail not less than thirty days nor more than six months or both fined and confined. Persons convicted of a first offense under this subsection shall also be required to complete a parenting plan and parenting education class. For a second offense, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than $1,000 and confined in jail not less than thirty days nor more than one year. For a third or subsequent offense, the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 and imprisoned in a state correctional facility not less than one year nor more than three years.
__(e) The provisions of this section shall not apply:
__(1) If the neglect by the parent, guardian or custodian is due primarily to a lack of financial means on the part of such parent, guardian or custodian; or
__
(2) To
NOTE: The purpose of this bill is to create a new offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury, to provide penalties upon conviction and make stylistic changes.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.