WEST virginia legislature
2016 regular session
Introduced
Senate Bill 33
[Introduced January 13,
2016;
Referred to the Committee on the Judiciary.]
A BILL to amend and reenact
§60A-4-409 of the Code of West Virginia, 1931, as amended, relating to
increasing penalty for illegally transporting Schedule I and II narcotic
controlled substances into the state by making penalty a determinate sentence
of not more than fifteen years; and exempting from coverage of statute certain
methamphetamine precursors.
Be it enacted by the
Legislature of West Virginia:
That §60A-4-409 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 4. OFFENSES
AND PENALTIES.
§60A-4-409. Prohibited
acts -- Transportation of controlled substances into state; penalties.
(a) Except as otherwise
authorized by the provisions of this code, it shall be is
unlawful for any person to transport into this state a controlled
substance into this state with the intent to deliver the same or with
the intent to manufacture a controlled substance that it be delivered to
another.
(b) Any person who violates
this section with respect to:
(1) A controlled substance
classified in Schedule I or II, which is a narcotic drug, shall be is
guilty of a felony and, upon conviction, may be imprisoned in the a
state correctional facility for not less than one year nor a
determinate sentence of not more than fifteen years, or fined not more than
$25,000, or both;
(2) Any other controlled
substance classified in Schedule I, II or III shall be is guilty
of a felony and, upon conviction, may be imprisoned in the a
state correctional facility for not less than one year nor more than five
years, or fined not more than $15,000, or both;
(3) A substance classified
in Schedule IV shall be that is not addressed in and regulated by the
provisions of article ten of this chapter is guilty of a felony and, upon
conviction, may be imprisoned in the a state correctional
facility for not less than one year nor more than three years, or fined not
more than $10,000, or both; and
(4) A substance classified
in Schedule V shall be is guilty of a misdemeanor and, upon
conviction, may be confined in jail for not less than six months nor more than
one year, or fined not more than $5,000, or both. Provided,
That for offenses relating to any substance classified as Schedule V in article
ten of this chapter, the penalties established in said article apply.
(c) The offense established
by this section shall be is in addition to and a separate and
distinct offense from any other offense set forth in this code.
NOTE: The purpose of this bill is
to increase the option for sentencing where a defendant is convicted of
transporting Schedule I and II narcotics into the state by removing the minimum
sentence and converting the penalty from an indeterminate period of 1-15 years
to a determinate sentence of up to 15 years.
Strike-throughs indicate language
that would be stricken from the present law and underscoring indicates new
language that would be added.