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Introduced Version House Bill 4834 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4834


(By Delegate Spencer)
[Introduced
February 24, 2006 ; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60A-10-1, §60A-10-2, and §60A-10-3, all relating to creation of the West Virginia Meth Free Act; setting forth findings and a purpose; providing a short title; requiring the State Police to maintain a registry of names of those convicted of crimes related to methamphetamine production or distribution; and, requiring the circuit clerks to provide abstracts of judgment to the State Police that reflect criminal convictions of persons relative to methamphetamine production or distribution.

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 article, designated §60A-10-1, §60A-10-2, and §60A-10-3
, all to read as follows:
ARTICLE 9. WEST VIRGINIA METH FREE ACT.
§60A-10-1. Findings and purpose.
The Legislature finds as follows:
(a) The clandestine manufacture of the illegal drug methamphetamine is a clear and present danger to the health and well-being of the citizens of this state.
(b) Methamphetamine is routinely manufactured in clandestine laboratories that are found across the entirety of this state, pervasively invading the entirety of the socio-economic strata of the citizenry of this state.
(c) These clandestine laboratories pose a clear and present danger to the health and well-being of many of our citizens. The operators of these laboratories are often armed while being involved in the corrupt practice of distributing methamphetamine. Further, the chemicals used in the production of methamphetamine when combined in the manufacturing process are extremely volatile and present the lethal danger of explosion and fire hazard. Frequently, toddler and infant children are on the premises of these clandestine methamphetamine laboratories and are therefore exposed to the gravest of danger.
(d) Methamphetamine laboratories pose a potentially lethal environmental hazard due to the unregulated and illegal use of harmful chemicals involved in the production of methamphetamine; and
(e) The Legislature desires to coordinate efforts with law enforcement, the health care industry, community agencies and other interested stakeholders to develop a comprehensive strategy including treatment and public awareness for addressing methamphetamine abuse.
§60A-10-2. Short title.
This article shall be known and cited as the "Meth-Free Act of 2006."
§60A-10-3. State Police to maintain registry of names of persons convicted of methamphetamine manufacture.

(a) The Criminal Identification Division of the State Police shall maintain a registry containing the names of persons convicted under the provisions of section four hundred eleven, article four, chapter sixty-a of this code and under the provisions of article ten, chapter sixty-a of this code. The registry shall be maintained by the Criminal Identification Division and made available for public inquiry on the Internet. The registry shall consist of the person's name, date of birth, the offenses for which he or she was convicted requiring their inclusion on the registry and any other identifying information considered necessary to properly identify the person: Provided, That in no event may the information include a person's social security number.
(b) The circuit clerks throughout the state shall forward certified copies of abstracts of judgment containing any criminal convictions had under the provisions of section four hundred eleven, article four, chapter sixty-a of this code or under article ten, chapter sixty-a of this code to the Criminal Identification Division of the State Police within forty-five days of the order of conviction.


NOTE: The purpose of this bill is to create the West Virginia Meth Free Act. The bill sets forth findings and a purpose while providing a short title.
It, additionally, requires the State Police to maintain a registry of names of those convicted of crimes related to methamphetamine production or distribution while requiring the circuit clerks to provide abstracts of judgment to the State Police that reflect criminal convictions of persons for methamphetamine production or distribution.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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