Senate Bill No. 201
(By Senator Love)
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[Introduced January 26, 2000; referred to the Committee
on the JudiciaryJanuary 25, 2000.]
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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 said article 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.