West Virginia HB 2365: Relating to accessories to a crime

Bill Text

HB 2365 Text

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Introduced Version

« House Bill 2365 History

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 Key: Green = existing Code. Red = new code to be enacted

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.

(c) 
An accessory to a felony who is the brother or sister, parent or grandparent, 
or child or grandchild of the principal offender and who is an accessory to a 
felony pursuant to subsection (a) or (b) of this section is guilty of a 
misdemeanor. 

(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