COMMITTEE SUBSTITUTE

FOR

H. B. 3130

(By Mr. Speaker, Mr. Kiss, and Delegates

Trump and Michael)


(Originating in the Committee on the Judiciary)

[April 4, 2001]


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 certain obvious visible 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 fails or refuses to receive and detain 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 visible need of medical attention may not be admitted to any jail facility unless the arresting or transporting officer obtains written clearance from a licensed physician indicating that the inmate is physically capable of withstanding incarceration. Any officer, jailer or person having custody of any jail or place of detention who fails or refuses to obtain written clearance before admitting an inmate with obvious visible need of medical attention, 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.