ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2034
(By Delegates Linch, Pino, Trump and Staton)
[Passed February 17, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact section ten, article five, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to creating
penalties for escape from a county sheriff, the director of
the regional jail authority, representatives of said
persons, from a law-enforcement officer, court bailiff, or
from any institution, facility, or any alternative sentence
of confinement.
Be it enacted by the Legislature of West Virginia:
That section ten, article five, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-10. Persons in custody of institutions or officers.
Whoever escapes or attempts to escape by any means from the
custody of a county sheriff, the director of the regional jail
authority, an authorized representative of said persons, a law-
enforcement officer, court bailiff, or from any institution, facility, or any alternative sentence confinement, by which he or
she is lawfully confined, shall, if the custody or confinement is
by virtue of a charge or conviction for a felony, be guilty of a
felony, and, upon conviction thereof, shall be confined in the
penitentiary for not more than five years; and if the custody or
confinement is by virtue of a charge or conviction for a
misdemeanor, shall be guilty of a misdemeanor, and, upon
conviction thereof, he or she shall be confined in the jail for
not more than one year.