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Introduced Version Senate Bill 78 History

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

WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 78

By Senators Woelfel and Jeffries

[Introduced February 8, 2017; 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 §60A-4-414, relating to creating the criminal offense of attempt or conspiracy to commit an offense within the Uniform Controlled Substances Act; setting a criminal penalty for a person who attempts or conspires to commit such an offense equivalent to the penalty for the underlying offense and thereby increasing criminal penalties; and defining terms by reference to similar offenses and common law.

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-4-414, to read as follows:


ARTICLE 4.  offenses and penalties

§60A-4-414.  Conspiracy and attempts; penalties.

Notwithstanding the penalties contained in section thirty-one, article ten, chapter sixty-one of this code or section eight, article eleven, chapter sixty-one of this code, any person who attempts or conspires to commit any offense contained in this chapter shall be subject to the same penalty prescribed for the offense, the commission of which was the object of the attempt or conspiracy.  For purposes of this section, the definitions of conspire and attempt shall have the same definitions given to those words by the Supreme Court of Appeals of West Virginia in interpreting other offenses of conspiracy and attempt.

 

NOTE: The purpose of this bill is to create a separate offense for conspiracy and attempt to violate the Uniform Controlled Substances Act with penalties consistent with the underlying offense.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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