SB 265 Text

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Introduced Version Senate Bill 265 History

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sb265 intr Senate Bill No. 265
(By Senators Helmick and Sharpe)
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[Introduced February 23, 2005; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §62-8-1 of the Code of West Virginia, 1931, as amended, relating to including jails within the context of 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:
That §62-8-1 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.

NOTE: The purpose of this bill is to include "jails" within the context of certain criminal acts addressed by the subject statute by incarcerated persons. The bill also provides a specific crime for setting fire to a correctional facility or jail while 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.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.