WEST virginia legislature
2019 regular session
Introduced
House Bill 2975
By Delegates Miller and D. Kelly
[Introduced February 11,
2019; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §61-8B-10 of the Code of West Virginia, 1931, as amended, relating to imposition of sexual acts on persons incarcerated or under supervision by providing for prohibition against sexual acts for any person working at a correctional facility; and providing for prohibition against sexual acts for any person working at a day report facility.
Be it enacted by the Legislature of West Virginia:
article 8b. sexual offenses.
§61-8B-10. Imposition of sexual acts on persons incarcerated or under supervision; penalties.
(a) Any person employed by
the Division of Corrections and Rehabilitation, any person working at a
correctional facility managed by the Commissioner of Corrections and
Rehabilitation 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 §62-11B-1 et seq of this code who
engages in sexual intercourse, sexual intrusion or sexual contact 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 nor more than five
years or fined not more than $5,000.
(b) Any person employed by
the Division of Corrections and Rehabilitation as a parole officer or by
the West Virginia Supreme Court of Appeals, or any person working at a day
report facility managed by the West Virginia Supreme Court of Appeals pursuant
to contract or as an employee of a state agency as an adult or juvenile
probation, or day report center officer who engages in sexual
intercourse, sexual intrusion or sexual contact 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 and Rehabilitation 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 §62-11B-1 et seq of this code.
(d) Authorized pat-down, strip search or other security related tasks does not constitute sexual contact pursuant to this section.
NOTE: The purpose of this bill is to include employees and contract employees of a day report center to those prohibited from engaging in sexual acts with those persons under their supervision.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.