Senate Bill No. 157
(By Senators Love, Hunter, Ross and Helmick)
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[Introduced January 20, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section twenty-two, article one,
chapter twenty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
providing a criminal penalty for a county jail or regional
jail and correctional facility authority employee or
contractor who engages in sexual intercourse or sexual
intrusion with an incarcerated person; removing criminal
penalty for an incarcerated individual who engages in sexual
intercourse or sexual intrusion with a division of
corrections employee or contractor; and changing criminal
penalty from misdemeanor to felony.
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article one, chapter twenty-five of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-22. Imposition of sexual intercourse or sexual intrusion
on incarcerated persons; penalties.
(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,
any person
employed by a county jail or by the regional jail and
correctional facility authority or any person working at a
facility managed by the regional jail and correctional facility
authority or a county jail who engages in sexual intercourse or
sexual intrusion with a person who is incarcerated in this state
shall be is guilty of a
misdemeanor felony and, upon conviction
thereof, shall be confined in
the county or regional jail not
more than twelve months or a state correctional facility under
the control of the commissioner of corrections for not less than
one nor more than five years and fined not more than five
hundred
thousand 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) (b) 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.
(c) The crime and penalty created in this section are in
addition to any other crimes and penalties provided by law.
NOTE: The purpose of this bill is to provide criminal
penalties for employees and contractors of the regional jail and
correctional facility authority and county jails who engage in
sexual intercourse or sexual intrusion with an incarcerated
person. The bill also makes the violation a felony.
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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