COMMITTEE SUBSTITUTE

FOR

H. B. 4170

(By Delegates Stemple and Manuel)


(Originating in the House Committee on the Judiciary)


[February 2, 2000]


A BILL to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven-e, relating to violations of certain corrections laws; prohibiting the unauthorized use of a uniform, badge, identification card or other insignia of the division of corrections and the impersonation of its employees; and providing a criminal penalty for these activities.

Be it enacted by the Legislature of West Virginia:

That article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eleven-e, to read as follows:

ARTICLE 1. ORGANIZATION AND INSTITUTIONS.

§25-1-11e. Unauthorized use of uniform, badge, identification card or other insignia; impersonation of member; and penalty.

(a) No person who is not an officer or employee of the division of corrections, and no officer or employee of the division who is not authorized to do so, may wear, use, order to be used or worn, copy or imitate in any respect or manner the uniform, badge, identification card or other insignia prescribed for employees of the division.
(b) No person who is not an officer or employee of the division of corrections may falsely represent himself or herself to be an officer or employee of the division of corrections or to be under the order or direction of any officer or employee of the division.
(c) Any person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars, or confined in the county or regional jail for not more than six months, or both fined and confined.