Senate Bill No. 400
(By Senators Love and Schoonover)
[Introduced February 5, 1998; referred to the Committee
on the Judiciay.]
A BILL to amend and reenact section one, article eight, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to crimes and
proceedings against inmates; offenses by inmates; creating
new felony offenses for killing, wounding or injuring any
correctional officer, nonuniformed correctional employee,
visitor or volunteer at any correctional facility, or
conspiring to do same; updating obsolete references; and
making minor technical changes.
Be it enacted by the Legislature of West Virginia:
That section one, article eight, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, 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 is guilty of a felony if he or she
shall kill, wound or inflict kills, wounds or inflicts other
bodily injury upon an officer or guard of the penitentiary or
medium security prison any correctional officer, nonuniformed
employee, visitor or volunteer at any correctional facility; or
shall break, cut or injure breaks, cuts or injures any building,
fixture or fastening of the penitentiary or medium security
prison any correctional facility, or any part thereof, for the
purpose of escaping or aiding any other convict inmate to escape
therefrom, or rendering renders the penitentiary or medium
security prison any correctional facility less secure as a place
of confinement; or shall make, procure, secrete, or have in his
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 as aforesaid; or shall
resist resists the lawful authority of an officer or guard of the
penitentiary or medium security prison any correctional facility
for such purpose or with such intent. Any three or more convicts
inmates so confined, or in such custody, who shall conspire
together to commit any offense mentioned in this section shall
each be deemed are each guilty of a felony.
NOTE: The purpose of this bill is to protect employees,
contractors and visitors at correctional facilities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.