WEST virginia legislature
2017 regular session
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.