Senate Bill No. 234
(By Senators White, Green, Laird, Yost and D. Facemire)
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[Introduced January 20, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-8B-10 of the Code of West Virginia,
1931, as amended, relating to increasing the penalties for
sexual intercourse or sexual intrusion on incarcerated persons
to not less than ten nor more than twenty-five years or fined
not more than $10,000.
Be it enacted by the Legislature of West Virginia:
That §61-8B-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-10. Imposition of sexual intercourse or sexual intrusion
on incarcerated persons; penalties.
(a) Any person employed by the Division of Corrections, any
person working at a correctional facility managed by the
Commissioner of Corrections pursuant to contract or as an employee
of a state agency, any person working at a correctional facility managed by the Division of Juvenile Services pursuant to contract
or as an employee of a state agency, any person employed by a jail
or by the Regional Jail and Correctional Facility Authority, any
person working at a facility managed by the Regional Jail and
Correctional Facility Authority or a jail or any person employed
by, or acting pursuant to, the authority of any sheriff, county
commission or court to ensure compliance with the provisions of
article eleven-b, chapter sixty-two of this code who engages in
sexual intercourse or sexual intrusion with a person who is
incarcerated in this state is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility under the control of the Commissioner of Corrections for
not less than
one ten nor more than
five twenty-five years or fined
not more than
five thousand dollars $10,000.
(b) Any person employed by the Division of Corrections as a
parole officer or by the West Virginia Supreme Court of Appeals as
an adult or juvenile probation officer who engages in sexual
intercourse or sexual intrusion with a person said parole officer
or probation officer is charged as part of his or her employment
with supervising, is guilty of a felony and, upon conviction
thereof, shall be confined in a state correctional facility under
the control of the Commissioner of Corrections for not less than
one nor more than five years or fined not more than $5,000, or
both.
(c) The term "incarcerated in this state" for purposes of this
section includes in addition to its usual meaning, offenders
serving a sentence under the provisions of article eleven-b,
chapter sixty-two of this code.
NOTE: The purpose of this bill is to increase the penalties
for any person working at a correctional facility managed by the
Commissioner of Corrections pursuant to contract or as an employee
of a state agency, any person working at a correctional facility
managed by the Division of Juvenile Services pursuant to contract
or as an employee of a state agency, any person employed by a jail
or by the Regional Jail and Correctional Facility Authority, any
person working at a facility managed by the Regional Jail and
Correctional Facility Authority or a jail or any person employee
by, or acting pursuant to the authority of any sheriff, county
commission or court to ensure compliance with the provisions of
§62-11B, who engages in sexual intercourse or sexual intrusion with
a person who is incarcerated to not less than 10 years nor more
than 25 years or fined not more than $10,000.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2010 Regular Session of the Legislature by the Legislative
Oversight Committee on Regional Jail and Correctional Facility
Authority.