WEST virginia legislature

2016 regular session

Committee Substitute

for

Senate Bill 283

By Senator Ferns

[Originating in the Committee on the Judiciary; reported on February 12, 2016.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-9, relating to creating crime of causing the burning of a building or other structure while operating a  clandestine drug laboratory and establishing criminal penalties.

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 §61-3-9, to read as follows:

ARTICLE 3. crimes against property.

§61-3-9. Causing fires incident to operation of a clandestine laboratory.

 Any person who operates a clandestine drug laboratory as that term is defined in section two, article eleven, chapter sixty-a of this code, and who as a result of, or in the course of doing so, causes to be burned any dwelling, outbuilding, building or structure of any class or character is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years or fined not less than $1,000 nor more than $5,000, or both imprisoned and fined.