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HB2701 ENR SUB2 House Bill 2701 History

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HB2701 ENR SUB2
SECOND ENROLLMENT

     COMMITTEE SUBSTITUTE

FOR

H. B. 2701

(By Delegates Shaver, Argento and Perry)




     [Amended and again passed May 27, 2009, as a result of the objections of the Governor; in effect ninety days from passage.]



     An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-12b, relating to escape by any person from the custody of the Commissioner of Juvenile Services; establishing criminal penalties; providing venue for the proceedings; and allowing for the transfer of jurisdiction back to the original committing court in certain circumstances.
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 §61-5-12b, to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-12b. Escape from custody of the Director of Juvenile Services.

     (a) Any person who escapes from the custody of the director of Division of Juvenile Services, regardless of where he or she is confined or detained, shall be guilty of a misdemeanor, and upon conviction, shall be confined in jail, or in the case of a person under the age of eighteen, in a juvenile facility, for not more than one year.
     (b) Venue for the prosecution of a violation of this section shall be in the county in which the escape occurs: Provided, That if the person is under the age of eighteen, upon agreement of all parties, the prosecution of the escape may be transferred to the circuit court from which the juvenile was originally committed.
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