Introduced Version
House Bill 2495 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2495
(By Delegates Marcum, Moore, Skaff, E. Nelson, Ferro,
Ferns, Young, Sponaugle and D. Poling)
[Introduced February 15, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60A-4-404a, relating
to a requirement that all persons convicted or who enter a
plea of guilty to drug offenses under sections four hundred
one, four hundred two and four hundred three, article four,
chapter sixty-a of the code participate in a drug treatment
program; and rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60A-4-404a, to read as
follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-404a. Required drug treatment.
_____(a) A penalty imposed for violation of sections four hundred one, four hundred two and four hundred three of this article shall
include participation in a drug treatment program.
_____(b) The costs of the drug treatment program shall be the
responsibility of the participant offender.
_____(c) The Division on Alcoholism and Drug Abuse in collaboration
with the Division of Court Services and Division of Magistrate
Court Services of the Administrative Office of the Courts shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code for
the purpose of developing and implementing the required drug
treatment for offenders under this section.
NOTE: The purpose of this bill is to require participation in
a drug treatment program for all drug offenders convicted or who
have entered pleas under sections four hundred one, four hundred
two and four hundred three, article four, chapter sixty-a of the
code and to authorize rule making.
This section is new; therefore, it has been completely
underscored.