Senate Bill No. 146

(By Senators Wagner, Miller and Anderson)

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[Introduced January 23, 1995; referred to the

Committee on the Judiciary.]

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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 5. 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 anal means, such person shall: (i) 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) 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.