WEST virginia legislature
2022 regular session
Committee Substitute
for
Senate Bill 431
By Senator Weld
[Originating in the Committee on the Judiciary; reported on January 25, 2022]
A BILL to amend and reenact §60A-4-416 of the Code of West Virginia, 1931, as amended, relating generally to the Uniform Controlled Substances Act; defining and clarifying the phrase “engaged in the illegal use of a controlled substance with another person”; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-416. Drug delivery resulting in death; failure to render aid.
(a) Any person who
knowingly and willfully delivers a controlled substance or counterfeit
controlled substance in violation of the provisions of §60A-4-401 of
this code for an illicit purpose and the use, ingestion, or consumption of the
controlled substance or counterfeit controlled substance alone, or in
combination with one or more other controlled substances, proximately causes
the death of a person using, ingesting, or consuming the controlled substance,
is guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for a determinate sentence of not less than three
nor more than 15 years.
(b) Any person who, while engaged in the illegal use of a
controlled substance with another person, who knowingly fails to
seek medical assistance for such other person when the other person suffers an
overdose of the controlled substance or suffers a significant adverse physical
reaction to the controlled substance and the overdose or adverse physical
reaction proximately causes the death of the other person, is guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility for not less than one year nor more than five years.
(c) As used in this section the phrase “engaged in the illegal use of a controlled substance with another person” means being in the physical presence of a person engaged in illegal drug use and participating with him or her in illegal drug use, or knowingly facilitating illegal drug abuse by the other person so engaged.