Senate Bill No. 193

(By Senator Love, Hunter, Dawson, Ball, Redd, Ross and Sharpe)

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[Introduced January 25, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section two, article eight, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal penalties for certain violations committed by inmates while in the custody of the division of corrections.

Be it enacted by the Legislature of West Virginia:
That section two, article eight, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST CONVICTS.

§62-8-2. Punishment of inmates; no discharge from the division of corrections while prosecution is pending; felony offenses committed in correctional facilities require consecutive sentences.

A convict An inmate guilty of such a killing as is mentioned in the first section one of this article, or any act mentioned therein in that section, from which death ensues to such an officer or guard correctional employee, shall be punished by confinement in the penitentiary a correctional facility under the supervision of the division of corrections for life without mercy, and such the person shall may not be released from such confinement on parole, notwithstanding the provisions of article twelve, chapter sixty-two of this code. If such the person is already under a sentence of confinement for life, such the person shall may not be released from such confinement on parole, notwithstanding the provisions of article twelve, chapter sixty-two of this code. For any other offense mentioned in said section a convict one of this article, an inmate, unless he be or she is under a sentence of confinement for life, shall be confined in the penitentiary a correctional facility under the supervision of the division of corrections not less than one nor more than five years after the end of the term for which he shall then be the inmate is subject to confinement. A person prosecuted for an offense under this article shall may not be discharged from the penitentiary custody of the division of corrections while such the prosecution is pending. And A person convicted of such an offense shall under this article may not, by reason thereof of the conviction, be sentenced under section eighteen or nineteen, article eleven, chapter sixty-one of this code, except that, if a convict an inmate in the penitentiary shall commit custody of the division of corrections commits any felony, other than is provided for in the first section one of this article which is punishable by confinement therein, he in a correctional facility under the supervision of the division of corrections, the inmate shall suffer the same punishment as if he the inmate had been discharged before committing it. All sentences for the felony offenses committed while the inmate is incarcerated shall run consecutive to the offenses the inmate is currently serving.


NOTE: The purpose of this bill is to update language providing criminal penalties for certain violations committed by inmates while in the custody of the division of corrections. It also requires for the sentences for the violations to run consecutive to those currently being served.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.