Bill Text: WV SB519 | 2020 | Regular Session | Introduced
Bill Title: Prohibiting bodily intrusion by inmate upon person at correctional facility
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-16 - To Judiciary [SB519 Detail]
Download: West_Virginia-2020-SB519-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
Senate Bill 519
By Senators Clements, Hardesty, Jeffries, Lindsay, Pitsenbarger, Romano, and Rucker
[Introduced January 16,
2020; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §62-8-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting bodily intrusion by an inmate upon any person at any correctional facility; and defining “bodily intrusion”.
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 person imprisoned or
otherwise in the custody of the Commissioner of Corrections and
Rehabilitation or the Executive Director of the Regional Jail and
Correctional Facility Authority is guilty of a felony if he or she kills,
wounds or inflicts other bodily injury or forceable bodily intrusion
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 so confined, or in such custody,
who conspire together to commit any offense mentioned in this section are each
guilty of a felony.
For the purposes of this section, “bodily intrusion” means any act between persons involving forceable penetration, however slight, of the female sex organ or of the anus of any person by any object for any purpose.
NOTE: The purpose of this bill is to prohibit bodily intrusion by an inmate upon any person at any correctional facility.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.