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Committee backs committee substitute raising minimums and parole floors for certain homicide offenses
Summary
The committee approved a committee substitute for Senate Bill 136 that increases statutory penalties and raises the minimum time a defendant must serve before becoming parole eligible for second-degree murder, voluntary manslaughter and certain life sentences.
The committee voted to adopt a committee substitute to Senate Bill 136 that raises sentencing ranges and increases parole-eligibility floors for several homicide offenses.
Committee counsel explained the substitute amends three sections of the criminal code. For second-degree murder, the bill raises the statutory sentence range from 10–40 years to 15–60 years and moves parole eligibility from a 3–15-year range to a 5–25-year range. The counsel also said the committee substitute increases the minimum time served before parole eligibility for some life sentences: under the proposed language an individual serving an ordinary life sentence would serve 20 years before parole eligibility (up from 10), and individuals serving life under the recidivist statute or for first-degree murder would serve 25 years before becoming parole eligible (up from 15), according to counsel’s summary.
Members asked procedural and policy questions about parole practice, good time credits and comparative sentencing. Committee counsel summarized indeterminate sentencing mechanics and explained parole eligibility arises at the minimum term of an indeterminate sentence; counsel said good-time accrual in West Virginia operates on a day-for-day basis. Counsel gave limited comparisons to surrounding states and noted the committee substitute raises the state’s parole-eligibility floors relative to current West Virginia law.
During floor discussion, Senator Marion said she understood the intent to strengthen penalties but asked for more data on fiscal impact and comparative sentencing with neighboring states before final approval, and she "posted the bill" (moved to postpone). Other senators expressed support, arguing the proposed increase aligns West Virginia more closely with surrounding states and would strengthen deterrence.
After debate the vice chair moved to report the committee substitute for Senate Bill 136; the motion passed by voice vote and the chair declared it adopted. The committee substitute will be reported from committee for further action by the full Senate.
