That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-8D-4b, to read as follows:

article 8D. Child abuse.

§61‑8D‑4b. Child neglect by voluntary intoxication; offenses; penalties.

(a) Any person who voluntarily becomes intoxicated by the illegal use of a controlled substance, drug or other intoxicant while engaging in the care, custody and control of a minor under the age of twelve and thereby renders himself or herself incapable of exercising a minimum degree of care to assure the minor’s physical safety or health is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a jail for not more than six months.

(b) Notwithstanding the provisions of subsection (a) of this section, any person who voluntarily becomes intoxicated by the illegal use of a controlled substance, drug or other intoxicant while engaging in the care, custody and control of a minor under the age of twelve and thereby renders himself or herself incapable of exercising a minimum degree of care to assure the minor’s physical safety or health and who has previously been convicted of a violation of subsection (a) of this section or a law of another state or the federal government with the same essential elements is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year.

(c) Any person who voluntarily becomes intoxicated by the illegal use of a controlled substance, drug or other intoxicant while engaging in the care, custody and control of a minor under the age of twelve and thereby renders himself or herself incapable of exercising a minimum degree of care to assure the minor’s physical safety or health and who has two or more convictions for a violation of subsection (a) of this section or a law of another state or the federal government with the same essential elements is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate term of not more than five years.