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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, Stowers, Skaff, Nelson, E., Ferro, Ferns, Young, Skinner, Sponaugle and Poling, D.)
          [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.
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