H. B. 4170
(By Delegates Stemple and Manuel)
[Introduced January 26, 2000; referred to the
Committee on the Judiciary.]
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 two new sections, designated
sections eleven-e and eleven-f, all relating to violations
of certain corrections laws; prohibiting the unauthorized
use of a uniform, badge, identification card or other
insignia of the division of corrections and the
impersonation of its employees; providing a criminal penalty
for these activities; and providing a criminal penalty for
violations of other provisions of article one, chapter
twenty-five of the code for which no other penalty is
expressly provided.
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 two new sections, designated sections
eleven-e and eleven-f, all to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-11e. Unauthorized use of uniform, badge, identification
card or other insignia; impersonation of member;
and penalty.
(a) No person who is not an officer or employee of the
division of corrections, and no officer or employee of the
division who is not authorized to do so, may wear, use, order to
be used or worn, copy or imitate in any respect or manner the
uniform, badge, identification card or other insignia prescribed
for employees of the division.
(b) No person who is not an officer or employee of the
division of corrections may falsely represent himself or herself
to be an officer or employee of the division of corrections or to
be under the order or direction of any officer or employee of the
division.
(c) Any person who violates the provisions of subsection (a)
or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred
dollars, or confined in the county or regional jail for not more
than six months, or both fined and confined.
§25-1-11f. General penalty for violations of article.
Any person who violates the provisions of this article for
which no other penalty is expressly provided is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than two hundred dollars, or confined in the county or regional
jail for not more than six months, or both fined and confined.
NOTE: The purpose of this bill is to prevent unauthorized
use of a uniform, badge, identification card or other insignia of
the Division of Corrections and the impersonation of its
employees by providing a criminal penalty for these activities.
It also provides a criminal penalty for violations of other
provisions in Article 1, Chapter 25 of the Code for which no
other penalty is expressly provided.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.