Senate Bill No. 465
(By Senators Love, Helmick, Schoonover, Hunter and Ross)
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[Introduced February 8, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section two, article eight, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to criminal
penalties for certain violations committed by inmates while
in the custody of the division of corrections.
Be it enacted by the Legislature of West Virginia:
That section two, article eight, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST CONVICTS.
§62-8-2. Punishment of inmates; no discharge from the division
of corrections while prosecution is pending; felony
offenses committed in correctional facilities
require consecutive sentences.
A convict An inmate guilty of
such a killing as is
mentioned in
the first section
one of this article, or any act
mentioned
therein that section, from which death ensues to
such
an officer or
guard correctional employee, shall be punished by
confinement in
the penitentiary a correctional facility under the
supervision of the division of corrections for life
without
mercy, and
such the person
shall may not be released from
such
confinement on parole, notwithstanding the provisions of article
twelve, chapter sixty-two of this code. If
such the person is
already under a sentence of confinement for life,
such the person
shall may not be released from
such confinement on parole,
notwithstanding the provisions of article twelve, chapter
sixty-two of this code. For any other offense mentioned in
said
section
a convict one of this article, an inmate, unless he
be or
she is under a sentence of confinement for life, shall be
confined in
the penitentiary a correctional facility under the
supervision of the division of corrections not less than one nor
more than five years after the end of the term for which
he shall
then be the inmate is subject to confinement. A person
prosecuted for an offense under this article
shall may not be discharged from the
penitentiary custody of the division of
corrections while
such the prosecution is pending.
And A person
convicted of
such an offense
shall under this article may not, by
reason
thereof of the conviction, be sentenced under sections
eighteen or nineteen, article eleven, chapter sixty-one of this
code, except that, if
a convict an inmate in the
penitentiary
shall commit custody of the division of corrections commits any
felony, other than is provided for in the
first section
one of
this article which is punishable by confinement
therein, he in a
correctional facility under the supervision of the division of
corrections, the inmate shall suffer the same punishment as if
he
the inmate had been discharged before committing it.
All
sentences for the felony offenses committed while the inmate is
incarcerated shall run consecutive to the offenses the inmate is
currently serving.
NOTE: The purpose of this bill is to update language
providing criminal penalties for certain violations committed by
inmates while in the custody of the division of corrections. It
also requires for the sentences for the violations to run
consecutive to those currently being served.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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