WEST virginia Legislature
2017 regular session
Introduced
House Bill 2668
By Mr. Speaker (Mr. Armstead)
and Delegate Miley
By Request of the Executive
[Introduced February 22, 2017;
Referred
to the Committee on Prevention and Treatment of Substance Abuse then the
Judiciary.]
A BILL to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum criminal penalty for transportation of a Schedule I or II narcotic drug into the state from one year to three years.
Be it enacted by the Legislature of West Virginia:
That §60A-4-409 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-409. Prohibited acts -- Transportation of controlled substances into state; penalties.
(a) Except as otherwise authorized by the provisions of this code, it shall be unlawful for any person to transport into this state a controlled substance with the intent to deliver the same or with the intent to manufacture a controlled substance.
(b) Any person who violates this section with respect to:
(1) A controlled substance
classified in Schedule I or II, which is a narcotic drug, shall be guilty of a
felony and, upon conviction, may be imprisoned in the state correctional
facility for not less than one year three years nor more than
fifteen years, or fined not more than $25,000, or both fined and confined;
(2) Any other controlled substance classified in Schedule I, II or III shall be guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and confined;
(3) A substance classified in Schedule IV shall be guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and confined;
(4) A substance classified
in Schedule V shall be guilty of a misdemeanor and, upon conviction, may be
confined in jail for not less than six months nor more than one year, or fined
not more than $5,000, or both fined and confined: Provided, That
for offenses relating to any substance classified as Schedule V in article ten
of this chapter, the penalties established in said that article
apply.
(c) The offense established by this section shall be in addition to and a separate and distinct offense from any other offense set forth in this code.
NOTE: The purpose of this bill is to increase the minimum criminal penalty for transportation of a Schedule I or II narcotic drug into the state from one year to three years.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.