WEST virginia legislature
2017 regular session
House Bill 2003
By Delegates Hollen, Anderson, Sobonya, Rowan, Foster, N., Rohrbach, Butler, Paynter, Maynard, Upson and Mr. Speaker (Mr. Armstead)
[Introduced February 20,
to the Committee on Prevention and Treatment of Substance Abuse then 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 offenses and penalties under the Uniform Controlled Substances Act; creating a new felony offense for a drug delivery that results in the death of another person; and providing a felony criminal penalty.
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. Drug delivery resulting in death.
(a) For purposes of this section, the term “caused” means the alleged substance or controlled substance acting as either the sole cause of the victim’s death or as part of a combination of substances which caused the victim’s death.
(b) Any person who knowingly and intentionally administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance, in violation of section four hundred one of this article, that results in the death of another person which is caused by their use of the substance or counterfeit substance is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a term of not less than ten nor more than forty years.
(c) Subsection (b) does not apply to a person convicted under section one, four or five, article two, chapter sixty-one of this code when the conduct arises out of the same criminal act.
NOTE: The purpose of this bill is to create a new felony offense for a drug delivery that results in the death of another person and providing a felony criminal penalty.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.