Senate Bill No. 715
(By Senator Sprouse)
[Introduced March 21, 2005; referred to the Committee
on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
to establishing an amnesty day for voluntary admission of
manufacture of methamphetamine.
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-4-412, to read as
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-412. Amnesty for possession of precursors to
(a) It is the finding and purpose of the Legislature that the
manufacture and use of methamphetamine poses a community risk that
must be addressed through vigorous and active intervention to break
the cycle of addiction, and allow for those individuals seeking assistance an opportunity to overcome the influence of the
(b) A prosecuting attorney, in consultation and approval with
the sheriff of the county, may provide for a single day of amnesty
from prosecution in his or her jurisdiction for persons possessing
precursors used in the manufacture of methamphetamine: Provided,
That this amnesty is one time only for such persons; includes
mandatory participation and completion of a rehabilitation program
at the person's expense; and an agreement to cooperate with law-
enforcement in prosecuting other persons and locations
manufacturing controlled substances.
(c) In constructing a day of amnesty, the prosecutor has
discretion in determining whether penalties shall be deferred,
whether an improvement period shall be granted, the nature and
length of the rehabilitation program, the specific precursors to be
given amnesty, and otherwise provide the institution and
maintenance of the amnesty program.
(d) Notwithstanding the provisions contained in this section,
there is no affirmative duty or mandatory requirement that a
prosecutor provide an amnesty day.
NOTE: The purpose of this bill is to establish an amnesty day
for voluntary admission of manufacture of methamphetamine.
This section is new; therefore, strike-throughs and
underscoring have been omitted.