HB2701 ENR SUB2
House Bill 2701 History
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Key: Green = existing Code. Red = new code to be enacted
SECOND ENROLLMENT
COMMITTEE SUBSTITUTE
FOR
H. B. 2701
(By Delegates Shaver, Argento and Perry)
[Amended and again passed May 27, 2009, as a result of the
objections of the Governor; in effect ninety days from passage.]
An Act
to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §61-5-12b, relating to
escape by any person from the custody of the Commissioner of
Juvenile Services; establishing criminal penalties; providing venue
for the proceedings; and allowing for the transfer of jurisdiction
back to the original committing court in certain circumstances.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-5-12b, to read as
follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-12b. Escape from custody of the Director of Juvenile
Services.
(a) Any person who escapes from the custody of the director of Division of Juvenile Services, regardless of where he or she is
confined or detained, shall be guilty of a misdemeanor, and upon
conviction, shall be confined in jail, or in the case of a person
under the age of eighteen, in a juvenile facility, for not more
than one year.
(b) Venue for the prosecution of a violation of this section
shall be in the county in which the escape occurs: Provided, That
if the person is under the age of eighteen, upon agreement of all
parties, the prosecution of the escape may be transferred to the
circuit court from which the juvenile was originally committed.