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sb524 SUB1 Senate Bill 524 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 524

(By Senators Plymale and Jenkins)

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[Originating in the Committee on the Judiciary;

reported February 25, 2008.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-413, relating to creating the offenses of manufacturing, selling or dispensing certain controlled substances which cause another person's death; and penalties.

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-4-413, to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-413. Criminal liability for manufacturing, selling or dispensing certain controlled substances that cause death; penalties.

(a) Notwithstanding of any provision of this code to the contrary, any person who knowingly and intentionally violates the provisions of section four hundred one of this article and said violation proximately causes the death of the person to whom it was distributed, dispensed or in whom it was injected, said person shall be guilty of a felony and, upon conviction, be confined for any term of years up to life.
(b) As used in subsection (a) of this section, "proximate cause" means:
(1) The injection, inhalation or ingestion of the substance is an antecedent, but for which the death would not have occurred; and (2) the death was not: (A) too remote in its occurrence as have just bearing on the person's liability; or (B) too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect, as to have a just bearing on the person's liability.
(c) It is not a defense to a prosecution under this section that the decedent contributed to his or her own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by his or her consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any prosecution for homicide.
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(NOTE: The purpose of this bill is to require strict liability for a person who manufactures, sells or dispenses meth, LSD, PCP or any other schedule I or II controlled substances which causes another person's death; and penalties.

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