WEST virginia Legislature

2019 regular session

Introduced

House Bill 2158

By Delegate Rowe

[Introduced January 9, 2019; 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 §61-11-16a, relating to alternate sentencing for nonviolent felony offenders.

Be it enacted by the Legislature of West Virginia:

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

§61-11-16a. Alternate sentencing for nonviolent felony offenders.

Notwithstanding any provision of this code to the contrary, a sentencing judge, following a hearing and with written findings issued, may order a nonviolent felony offender to serve a minimum sentence of one year in a correctional facility or a term up to one year in jail regardless of other specific minimum sentences which may be available for the underlying offense.

NOTE: The purpose of this bill is to allow certain alternate sentencing for nonviolent felony offenders.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.