H. B. 2034
(By Delegates Linch, Pino, Trump and Staton)
[Introduced January 16, 1995; referred to the Committee
on the Judiciary.]
A BILL 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 the lawful physical custody of a
county holding facility, or a sheriff, deputy, correctional
officer, bailiff, or municipal officer.
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 FIVE. Crimes Against Public Justice.
§61-5-10. Escape from physical custody of sheriff, deputy,
correctional officer, bailiff, municipal officer,
or from jail or a holding facility by convicted or
unconvicted prisoner; penalties.
(a) Any person confined in jail on conviction of a felony,
who escapes Any person convicted of a felony who is in the lawful physical custody of a county sheriff, deputy, correctional officer,
court bailiff, or municipal officer, or who is in jail or a holding
facility and escapes therefrom by force, violence or by any
subterfuge, device or deception, by any means is guilty of a
felony, and, upon conviction thereof, shall be confined in the
penitentiary for up to five years; and if he be confined in jail on
conviction of a misdemeanor, he is guilty of a misdemeanor, and,
upon conviction thereof, shall be confined in jail not more than
one year.
(b) If any person be lawfully confined in jail or private
prison and not sentenced on conviction of a criminal offense,
escape If any person be lawfully in the physical custody of a
county sheriff, deputy, correctional officer, court bailiff, or
municipal officer, or who is in jail or a holding facility and not
sentenced on conviction of a criminal offense who escapes therefrom
by any means, such person shall: (i) (1) If he be confined upon a
charge of a felony, be guilty of an additional felony, and, upon
conviction thereof, shall be confined in the penitentiary not more
than five years; or (ii) (2) if he be confined upon a charge of a
misdemeanor, be guilty of an additional misdemeanor, and, upon
conviction thereof, shall be confined in jail not more than one
year.
(c) If any person is lawfully confined in a private prison and
escapes therefrom by force, violence or by any subterfuge, device
or deception, any means, he or she shall be guilty of a felony,
and, upon conviction thereof, shall be imprisoned for not more than five years.
NOTE: The purpose of this bill is to provide penalties for escape
from physical custody from a county holding facility, county
sheriff, deputy, court bailiff, or municipal police officer.
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 passage at the 1995 legislative
session by the Joint Standing Committee on the Judiciary.