ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 466
(By Senators Love, Helmick, Schoonover, Hunter, Ross and
Snyder)
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[Originating in the Committee on the Judiciary;
reported February 19, 1999.]
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A BILL to amend article one, chapter twenty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-two, relating to providing a criminal penalty for a
division of corrections employee or contractor who subjects
an incarcerated or supervised individual to sexual
intercourse or sexual intrusion.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-two, to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
ยง25-1-22. Imposition of sexual intercourse or sexual intrusion on inmate or parolee; penalty.
Any person employed by the division of corrections or any
person working at a correctional facility managed by the
commissioner of corrections pursuant to contract, who engages in
sexual intercourse or sexual intrusion with a person who is in
the custody of the commissioner shall be guilty of a felony and,
upon conviction thereof, shall be confined in a correctional
facility for not less than one nor more than five years or fined
not more than five thousand dollars, or both.
(b) As used in this section, the terms "sexual intercourse" and
"sexual intrusion" shall have the same meaning as ascribed to
those terms by the provisions of section one, article eight-b,
chapter sixty-one of this code.
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(NOTE: The purpose of this bill is to provide a penalty for
a correctional worker who subjects an incarcerated or supervised
individual to certain sexual acts.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)