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.