ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 157
(Senators Love, Hunter, Ross and Helmick, original sponsors)
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[Passed March 10, 2000; in effect ninety days from passage.]
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AN ACT to repeal section twenty-two, article one, chapter twenty-
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend article eight-b,
chapter sixty-one of said code by adding thereto a new
section, designated section ten, relating to creating the
felony criminal offenses of engaging in sexual intercourse
or intrusion by persons employed at correctional
institutions or as supervisory probation or parole officers;
and penalties.
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article one, chapter twenty-five of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; and that article eight-b, chapter sixty-one of said code be amended by adding thereto a new section,
designated section ten, to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-10. Imposition of sexual intercourse or sexual intrusion
on incarcerated persons; penalties.
(a) Any person employed by the division of corrections, any
person working at a correctional facility managed by the
commissioner of corrections pursuant to contract or as an
employee of a state agency,
any person working at a correctional
facility managed by the division of juvenile services pursuant to
contract or as an employee of a state agency,
any person employed
by a county jail or by the regional jail and correctional
facility authority or any person working at a facility managed by
the regional jail and correctional facility authority or a county
jail who engages in sexual intercourse or sexual intrusion with
a person who is incarcerated in this state is guilty of a felony
and, upon conviction thereof, shall be confined in a state
correctional facility under the control of the commissioner of
corrections for not less than one nor more than five years or
fined not more than five thousand dollars.
(b) Any person employed by the division of corrections as a
parole officer or by the West Virginia supreme court of appeals as an adult or juvenile probation officer who engages in sexual
intercourse or sexual intrusion with a person said parole officer
or probation officer is charged as part of his or her employment
with supervising, is guilty of a felony and, upon conviction
thereof, shall be confined in a state correctional facility under
the control of the commissioner of corrections for not less than
one nor more than five years or fined not more than five thousand
dollars, or both.