COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 157
(By Senators Love, Hunter, Ross and Helmick)
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[Originating in the Committee on the Judiciary;
reported January 28, 2000.]
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A BILL 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as amended, be repealed; and that article eight-b, chapter sixty-one of said code be amended by adding thereto a new section,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 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.
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(NOTE: The purpose of this bill is to provide criminal
penalties for employees and contractors of the regional jail and
correctional facility authority and county jails who engage in
sexual intercourse or sexual intrusion with an incarcerated
person. The bill also makes the violation a felony.
Section 10 is new; therefore, strike-throughs and
underscoring have been omitted.)