COMMITTEE SUBSTITUTE
FOR
H. B. 2034
(By Delegates Linch, Pino, Trump and Staton)
(Originating in the House Committee on the Judiciary)
[January 30, 1995]
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, county
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. Es
cape from physical custody of sheriff, deputy,
county 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, county correctional
officer, court bailiff, or municipal officer, or who is in jail or a holding facility or serving an alternative sentence included but
not limited to work release and home confinement, and escapes
therefrom by force, violence or by any subterfuge, device or
deception, by any means with the intent to flee the jurisdiction of
the court and violate the terms of his confinement 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, county 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, county correctional officer, court bailiff, or
municipal police officer.