WEST virginia Legislature

2017 regular session

Introduced

House Bill 2083

By Delegate Rodighiero and Frich

[Introduced February 8, 2017; Referred
to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.]

A BILL to amend and reenact §60A-10-12 of the Code of West Virginia, 1931, as amended, relating to the Uniform Controlled Substances Act; the Methamphetamine Laboratory Eradication Act; and increasing the felony criminal penalties for exposing children to methamphetamine manufacturing.

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 five nor more than five thirty years, fined not more than $10,000, or both fined and imprisoned.

(b) Notwithstanding the provisions of subsection (a) of this section, the penalty for a violation of said the subsection when the child suffers serious bodily injury as such is defined in the provisions of section one, chapter article eight-b, chapter sixty one of this code shall be confined imprisoned in a state correctional facility for not less than three ten nor more than fifteen thirty years, fined not more than $25,000, or both fined and imprisoned.

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.