ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 466

(Senators Love, Helmick, Schoonover, Hunter, Ross and Snyder, original sponsors)

____________

[Passed March 13, 1999; in effect ninety days from passage.]

____________


AN ACT 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 to engage in sexual intercourse or sexual intrusion with an incarcerated person; providing a criminal penalty for an incarcerated individual to engage in sexual intercourse or sexual intrusion with a division of corrections employee or contractor.

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:
SB466 H JUD AM 3/11 #1
On page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. ORGANIZATION AND INSTITUTIONS.

§25-1-22. Imposition of sexual intercourse or sexual intrusion on inmate; penalty.

(a) 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 incarcerated in this state shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail not more than twelve months or fined not more than five hundred dollars, or both.
(b)Any individual incarcerated in this state who voluntarily engages in sexual intercourse or sexual intrusion with 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 shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail not more than twelve months or fined not more than five hundred dollars, or both.
(c) 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."
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.

§25-1-22. 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.
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.