WEST virginia legislature

2017 regular session

Committee Substitute

for

House Bill 2083

By Delegate Rodighiero and Frich

[Originating in the Committee on Judiciary]

A BILL to amend and reenact §60A-10-12 of the Code of West Virginia, 1931, as amended, relating to the Methamphetamine Laboratory Eradication Act; and increasing the felony criminal penalty for knowingly causing or permitting a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured.

Be it enacted by the Legislature of West Virginia:

That §60A-10-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 10.  METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-12.  Exposure of children to methamphetamine manufacturing; penalties.

(a) Any person eighteen years of age or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction, shall be confined imprisoned in a state correctional facility for not less than one two nor more than five ten years, fined not more than $10,000, or both fined and imprisoned: Provided, That if the minor suffers a serious bodily injury while present in such location, the penalty for a violation of this subsection shall be imprisonment in a state correctional facility for not less than three nor more than fifteen years, fined not more than $25,000, or both fined and imprisoned.

(b) Notwithstanding the provisions of subsection (a) of this section, the penalty for a violation of said subsection when the child suffers serious bodily injury as such is defined in the provisions of section one, chapter eight-b of this code shall be confined in a state correctional facility for not less than three nor more than fifteen years, fined not more than twenty-five thousand dollars, or both.

(b) As used in subsection (a) of this section, “serious bodily injury” shall have the same meaning as this term is defined in section one, article eight-b, chapter sixty-one of this code.

NOTE:  The purpose of this bill is to increase the penalties for exposing children to methamphetamine manufacturing.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.