H. B. 4386
(By Delegates D. Walker, Paxton,
Iaquinta, Smith, Crosier, Butcher,
Hall, Michael)
[Introduced February 8, 2010
; 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 §17-5-13; to amend
said code by adding thereto a new section, designated §62-11A-
5; all relating to restricting the state convict road force
from working around schools and child care centers.
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 §17-5-13; that said
code be amended by adding thereto a new section, designated §62-
11A-5 to read as follows:
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 5. STATE CONVICT ROAD FORCE.
§17-5-13. Work prohibited around a school or a child care center.
(a) The State Convict Road Force is prohibited from working
within one thousand feet of an elementary, middle or secondary
school or any child care center.
(b) For purposes of this section, "child care center" means a facility maintained by the state or any county or municipality
thereof, or any agency or facility maintained by an individual,
firm, corporation, association or organization, public or private
for the care of five or more children for child care services in
any setting, if the facility is open for more than thirty days per
year.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11A. RELEASE FOR WORK OR OTHER PURPOSES.
§62-11A-5. Inmate work prohibited around a school or child care
center.
(a) All inmate workers, under this article, are prohibited
from working within one thousand feet of an elementary, middle or
secondary school or any child care center.
(b) For purposes of this section, "child care center" means a
facility maintained by the state or any county or municipality
thereof, or any agency or facility maintained by an individual,
firm, corporation, association or organization, public or private
for the care of five or more children for child care services in
any setting, if the facility is open for more than thirty days per
year.
NOTE: The purpose of this bill is to restrict the State
Convict Road Force from working around schools and other locations
where children are present.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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