COMMITTEE SUBSTITUTE
FOR
H. B. 2104
(By Delegate Kiss)
[By Request]
(Originating in the House Committee on the Judiciary)
[January 31, 1995]
A BILL to amend article one, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
sixty-three; and to amend article eight, chapter sixty-one
of said code, by adding thereto a new section, designated
section eleven, all relating to defining the term "drug" as
the term is used in the offense prohibiting the operation of
a motor vehicle under the influence of any drug and in
suspension or revocation of a driver's license for such
offense; and defining the misdemeanor offense of smelling or
inhaling the fumes from any substance containing any
chemical material having the property of releasing toxic
vapors or fumes, and establishing the penalty therefor.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixty-three; and that article eight, chapter sixty-one of said
code be amended by adding thereto a new section, designated
section eleven, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17C-1-63. Drug.
"Drug" as the term is referred to in articles five and
five-a of this chapter means any chemical substance which is or
can be ingested, inhaled, injected, or by any other method placed
into the human body which has a medicinal, intoxicating or
narcotic effect, and includes the term "drug" as defined in
section one, article five, chapter thirty of this code, and also
includes a "substance containing any chemical material having the
property of releasing toxic vapors or fumes" as that phrase is
defined in section eleven, article eight, chapter sixty-one of
this code.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-11. Smelling or inhaling fumes from substance releasing
toxic vapors; penalty.
(a) As used in this section, the phrase "substance
containing any chemical material having the property of releasing toxic vapors or fumes" shall mean and include but not be limited
to, any glue, cement, adhesive, paint, paint remover or other
chemical compounds containing one or more chemical compounds
which release vapors or fumes causing a condition of
intoxication, inebriation, excitement, stupefaction, or dulling
of the brain or nervous system, including, but not limited to,
the following chemical compounds: acetone, an acetate, benzine,
butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl
alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol,
petroleum ether, toluol, or toluene.
(b) It is unlawful for any person, for the purpose or
intent of causing a condition of intoxication, inebriation,
excitement, stupefaction, or the dulling of his or her brain or
nervous system, to intentionally smell or inhale the fumes from
any substance containing any chemical material having the
property of releasing toxic vapors or fumes: Provided, that
nothing in this section shall be interpreted as applying to the
inhalation of any anesthesia for medical or dental purposes or
the inhalation of the vapors or fumes of an alcoholic beverage,
the sale and consumption of which is authorized by law.
(c) A person who violates the provisions of subsection (b) of this section is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than twenty-five dollars nor
more than one hundred dollars.