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Introduced Version Senate Bill 253 History

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sb253 intr
Senate Bill No. 253

(By Senators Green and White)

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[Introduced February 13, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §62-8-1 and §62-8-2 of the Code of West Virginia, 1931, as amended, all relating to offenses by or against inmates; and penalties.

Be it enacted by the Legislature of West Virginia:
That §62-8-1 and §62-8-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. CRIMES BY AND PROCEEDING AGAINST INMATES.
§62-8-1. Offenses by inmates; conspiracy; sexual assault.
(a) A person imprisoned or otherwise in the custody of the Commissioner of Corrections or the Executive Director of the Regional Jail and Correctional Facility Authority is guilty of a felony if he or she kills, wounds or inflicts other bodily injury upon any person at any correctional facility; or breaks, cuts or injures, or sets fire to any building, fixture or fastening of any correctional facility, or jail or any part thereof, for the purpose of escaping or aiding any other inmate to escape therefrom, or renders any correctional facility or jail less secure as a place of confinement; or makes, procures, secretes or has in his or her possession, any instrument, tool or other thing for such purpose, or with intent to kill, wound or inflict bodily injury; or resists the lawful authority of an officer or guard of any correctional facility or jail for such purpose or with such intent. Any three or more inmates so confined, or in such custody, who conspire together to commit any offense mentioned in this section are each guilty of a felony.
(b) Any person imprisoned or otherwise in the custody of the Commissioner of Corrections or the Executive Director of the Regional Jail and Correctional Facility Authority is guilty of a felony if such person engages in sexual intercourse or sexual intrusion, as defined by section one, article eight-b, chapter sixty-one of this code, with another person imprisoned or otherwise in the custody of the Commissioner of Corrections or the Executive Director of the Regional Jail and Correctional Facility Authority and, in so doing:
(1) Inflicts serious bodily injury upon anyone; or
(2) Employs a deadly weapon in the commission of the act; or
(3) Exerts forcible compulsion over another person; or
(4) Commits such act with another person who is physically helpless.
(c) Any person not imprisoned or otherwise in the custody of the Commissioner of Corrections or the Executive Director of the Regional Jail and Correctional Facility Authority is guilty of a felony if such person engages in sexual intercourse or sexual intrusion, as defined by section one, article eight-b, chapter sixty-one of this code, with another person imprisoned or otherwise in the custody of the Commissioner of Corrections or the Executive Director of the Regional Jail and Correctional Facility Authority.
§62-8-2. Punishment of convicts; no discharge from correctional institution while prosecution is pending.

(a) Any inmate who violates the provisions of (subsection (a) of) section one of this article and the violation results in the death of any person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for life, and he or she shall not be eligible for parole, notwithstanding the provisions of article twelve, chapter sixty-two of this code.
(b) Any inmate who violates the provisions of subsection (a) of section one of this article and is serving a term of confinement for life, is guilty of a felony and, upon conviction thereof, he or she may not be eligible for parole, notwithstanding the provisions of article twelve, chapter sixty-two of this code.
(c) Any inmate who is not serving a term of confinement for life and who violates the provisions of subsection (a) of section one of this article and whose violation did not result in the death of any person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years. Any term of confinement imposed pursuant to this subsection is to be consecutive to any term of confinement already imposed.
(d) Any inmate who violates the provisions of subsection (b) of section one of this article is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for an indeterminate sentence of not less than fifteen years nor more than thirty-five years.
(e) Any person violating the provisions of subsection (c) of section one of this article is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for an indeterminate sentence of not less than one nor more than five years.
(d) (f) An inmate prosecuted for an offense under this article may not be discharged from a state correctional facility while the prosecution is pending.
(e) (g) Any person convicted pursuant to the provisions of this section may not be sentenced under sections eighteen or nineteen, article eleven, chapter sixty-one of this code: Provided, That if an inmate commits an offense punishable by confinement in a state correctional facility, other than the offenses defined in subsection (a) of section one of this article, he or she shall be punished as if he or she had been discharged before committing the offense.



NOTE: The purpose of this bill is to provide that any inmate who engages in sexual assault of another inmate is guilty of a felony and, shall be confined for not less than fifteen years nor more than thirty-five years. The bill further provides that any person not imprisoned who engages in sexual intercourse or sexual intrusion with an inmate is guilty of a felony and, shall be confined for not less than one year nor more than five years.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill was recommended for introduction and passage during the 2009 Regular Session of the Legislature by the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority.


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