ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 466
(Senators Love, Helmick, Schoonover, Hunter, Ross and Snyder, original
sponsors)
____________
[Passed March 13, 1999; in effect ninety days from passage.]
____________
AN ACT 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
twenty-two, relating to providing a criminal penalty for a
division of corrections employee or contractor to engage in
sexual intercourse or sexual intrusion with an incarcerated
person; providing a criminal penalty for an incarcerated
individual to engage in sexual intercourse or sexual
intrusion with a division of corrections employee or
contractor.
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
twenty-two, to read as follows:
SB466 H JUD AM 3/11 #1
On page one, following the enacting section, by striking out
the remainder of the bill and inserting in lieu thereof the
following:
"ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-22. Imposition of sexual intercourse or sexual intrusion
on inmate; penalty.
(a) Any person employed by the division of corrections or
any person working at a correctional facility managed by the
commissioner of corrections pursuant to contract, who engages in
sexual intercourse or sexual intrusion with a person who is
incarcerated in this state shall be guilty of a misdemeanor and,
upon conviction thereof, shall be confined in the county or
regional jail not more than twelve months or fined not more than
five hundred dollars, or both.
(b)Any individual incarcerated in this state who
voluntarily engages in sexual intercourse or sexual intrusion
with any person employed by the division of corrections or any
person working at a correctional facility managed by the
commissioner of corrections pursuant to contract shall be guilty
of a misdemeanor and, upon conviction thereof, shall be confined
in the county or regional jail not more than twelve months or
fined not more than five hundred dollars, or both.
(c) As used in this section, the terms "sexual intercourse"
and "sexual intrusion" shall have the same meaning as ascribed to
those terms by the provisions of section one, article eight-b,
chapter sixty-one of this code."
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-22. Imposition of sexual intercourse or sexual intrusion
on inmate or parolee; penalty.
Any person employed by the division of corrections or any
person working at a correctional facility managed by the
commissioner of corrections pursuant to contract, who engages in
sexual intercourse or sexual intrusion with a person who is in
the custody of the commissioner shall be guilty of a felony and,
upon conviction thereof, shall be confined in a correctional
facility for not less than one nor more than five years or fined
not more than five thousand dollars, or both.
As used in this section, the terms "sexual intercourse" and
"sexual intrusion" shall have the same meaning as ascribed to
those terms by the provisions of section one, article eight-b,
chapter sixty-one of this code.