H. B. 2316
(By Delegate Schoen)
[Introduced February 14, 2005; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend
the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17-15-9
, relating to
making it unlawful to offer for sale or sell products created,
wholly or in part, by jail inmates and providing criminal
penalty.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17-15-9
, to read as
follows:
ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§17-15-9. Sale of jail-made goods prohibited; penalty.
(a) It is unlawful to sell or offer to sell on the open market
of this state or export for sale to another state any articles,
products or commodities manufactured or produced, wholly or in
part, in this state or any other state, by jail inmates of this state or another state. The provisions of this subsection do not
apply to articles, products or commodities manufactured or produced
by persons while on home confinement or probation.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be punished by
a fine of not less than two hundred dollars nor more than five
thousand dollars or by confinement in jail for not less than three
months nor more than one year or by both fine and confinement.
Each sale or offer for sale is a separate offense under this
section.
NOTE: The purpose of this bill is to make it unlawful to sell
or offer to sell products made with inmate labor.
This section is new; therefore, strike-throughs and
underscoring have been omitted.