H. B. 3130
(By Mr. Speaker, Mr. Kiss, and Delegates
Trump and Michael)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to disposition of
prisoners arrested by a member of the state police who are in
need of medical attention; and creating a misdemeanor offense.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article two, chapter fifteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-15. Disposition of prisoners.
(a) It shall be is the duty of all officers of the state, or
of any county or municipality thereof, or jailers having the charge
and custody of any jail or place of detention, to receive any
prisoners arrested by any officer or member of the department of public safety West Virginia state police and to detain them in
custody until ordered released by a tribunal of competent
jurisdiction, and any such officer, jailer or person having custody
of any jail or place of detention who shall fail or refuse so
such the prisoner shall be is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than twenty-five dollars nor more than two hundred
dollars, or imprisoned in the county or regional jail for not more
than sixty days, or both fined and imprisoned.
(b) Notwithstanding the provisions of subsection (a) of this
section, an inmate in obvious need of medical attention may not be
admitted to any jail facility unless the arresting or transporting
officer obtains written clearance indicating that the inmate is
physically capable of withstanding incarceration and any officer,
jailer or person having custody of any jail or place of detention
who
fails or refuses to receive and detain the prisoner is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than twenty-five dollars nor more than two hundred dollars, or
imprisoned in the county or regional jail for not more than sixty
days, or both fined and imprisoned.
NOTE: The purpose of this bill is to
provide for disposition
of prisoners arrested by a member of the state police who are in need of medical attention and creating a misdemeanor offense for
violation of the procedure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.