Enrolled Version - Final Version
House Bill 2523 History
OTHER VERSIONS -
H. B. 2523
(By Delegates Perry, Pino, Long, Tabb,
Hrutkay and Armstead)
[Passed April 9, 2005; in effect ninety days from passage.]
to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-10-32,
to making it a crime for released inmates to contact
correctional employees or members of the parol board in
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-10-32, to read as
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-32. Unlawful contact with a Division of Corrections
employee or member of the parole board; penalty.
(a) It shall be unlawful for a former inmate of the Division
of Corrections to make a telephone call to a Division of
Corrections employee or member of the parole board when the
employee has requested in writing to that former inmate that he or she not call and the former inmate has actually been served with a
copy of the written request.
(b) It shall be unlawful for a former inmate of the Division
of Corrections to willfully and repeatedly follow a Division of
Corrections employee or member of the parole board with whom he or
she seeks to establish a personal or social relationship when the
Division of Corrections employee or member of the parole board has
expressed to the former inmate that he or she wishes not to have
contact with the former inmate.
(c) It shall be unlawful for a former inmate of the Division
of Corrections to harass or make credible threats against a
Division of Corrections employee or member of the parole board.
(d) Any offense committed under sub-section (a) may be deemed
to have occurred at the place at which the telephone call was made,
or the place at which the telephone call was received.
Any person who violates any provision of this section
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall, for a first offense, be fined not more than five hundred
dollars. Any person violating this section for a second offense
shall be imprisoned not less than ten days nor more than six
months, or both fined and imprisoned.
(f) For purposes of this section:
(1) "Harass" means willful conduct directed at a specific
person or persons which would cause a reasonable person mental
injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made
with apparent ability to carry out the threat and with the result
that a reasonable person would believe that the threat would be
(3) "Bodily injury" means substantial physical pain, illness
or any impairment of physical condition.
(4) "Immediate family" means a spouse, parent, stepparent,
mother-in-law, father-in-law, child, stepchild, sibling, or any
person who regularly resides in the household or within the prior
six months regularly resided in the household.
(g) Upon conviction, the court may issue an order restraining
the defendant from any contact with the victim for a period not to
exceed ten years. The length of any restraining order shall be
based upon the seriousness of the violation before the court, the
probability of future violations, and the safety of the victim or
his immediate family. The duration of the restraining order may be
longer than five years only in cases when a longer duration is
necessary to protect the safety of the victim or his or her
(h) It is a condition of bond for any person accused of the
offense described in this section that the person is to have no
contact, direct or indirect, verbal or physical with the alleged