Bill Text: WV HB4510 | 2020 | Regular Session | Enrolled
Bill Title: Prohibiting bodily intrusion by an inmate upon any person at any correctional facility
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2020-04-15 - Chapter 63, Acts, Regular Session, 2020 [HB4510 Detail]
Download: West_Virginia-2020-HB4510-Enrolled.html
WEST virginia legislature
2020 regular session
ENROLLED
House Bill 4510
By Delegates
Steele, Criss, Graves, Howell, D. Kelly, Miller, Shott, N. Brown, Maynard and
Fast
(By Request of the Department of Military Affairs and Public Safety)
[Passed March 3, 2020; in effect ninety days from passage.]
AN ACT to amend and reenact §62-8-1 of the Code of West Virginia, 1931, as amended, relating to creating the offense of bodily intrusion by an inmate in the custody of the Commissioner of Corrections and Rehabilitation; defining terms; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.
§62-8-1. Offenses by inmates; conspiracy.
(a) A person imprisoned or otherwise in the custody of the Commissioner of Corrections and Rehabilitation is guilty of a felony if he or she kills, wounds, or inflicts other bodily injury upon any person at any correctional facility; or breaks, cuts, or injures, or sets fire to any building, fixture, or fastening of any correctional facility, or jail or any part thereof, for the purpose of escaping or aiding any other inmate to escape therefrom, or renders any correctional facility or jail less secure as a place of confinement; or makes, procures, secretes, or has in his or her possession, any instrument, tool, or other thing for such purpose, or with intent to kill, wound, or inflict bodily injury; or resists the lawful authority of an officer or guard of any correctional facility or jail for such purpose or with such intent. Any three or more inmates confined, or in custody, who conspire together to commit any offense mentioned in this section are each guilty of a felony.
(b) Any person in the custody of the Commissioner of Corrections and Rehabilitation who commits an act of bodily intrusion is guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. As used in this subsection “bodily intrusion” means penetration, however slight, of the anus of a male or female or the sex organ of a female without his or her consent by means of forcible compulsion and for reasons other than the sexual gratification of either person.
