H. B. 2482
(By Delegate Pino)
[Passed April 9, 2005; in effect ninety days from passage.]
AN ACT to amend and reenact §62-8-1 of the Code of West Virginia,
1931, as amended, relating to including jails within the
context certain criminal acts by incarcerated persons;
providing a specific crime for setting fire to a correctional
facility or jail; and including the Executive Director of the
Regional Jail and Correctional Facility Authority relative to
the applicability of the phrase "a person imprisoned or
otherwise in custody of" to the statutory provisions.
Be it enacted by the Legislature of West Virginia:
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST CONVICTS.
§62-8-1. Offenses by inmates; conspiracy.
A person imprisoned or otherwise in the custody of the
Commissioner of Corrections or the Executive Director of the Regional Jail and Correctional Facility Authority is guilty of a
felony if he or she kills, wounds or inflicts other bodily injury
upon any person at any correctional facility; or breaks, cuts or
injures, or sets fire to any building, fixture or fastening of any
correctional facility, or jail or any part thereof, for the purpose
of escaping or aiding any other inmate to escape therefrom, or
renders any correctional facility or jail less secure as a place of
confinement; or makes, procures, secretes or has in his or her
possession, any instrument, tool or other thing for such purpose,
or with intent to kill, wound or inflict bodily injury; or resists
the lawful authority of an officer or guard of any correctional
facility or jail for such purpose or with such intent. Any three
or more inmates so confined, or in such custody, who conspire
together to commit any offense mentioned in this section are each
guilty of a felony.