Introduced Version
House Bill 4834 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4834
(By Delegate Spencer)
[Introduced
February 24, 2006
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §60A-10-1, §60A-10-2,
and §60A-10-3, all relating to creation of the West Virginia
Meth Free Act; setting forth findings and a purpose;
providing a short title;
requiring the State Police to
maintain a registry of names of those convicted of crimes
related to methamphetamine production or distribution; and,
requiring the circuit clerks to provide abstracts of judgment
to the State Police that reflect criminal convictions of
persons relative to methamphetamine production or
distribution.
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 article, designated §60A-10-1, §60A-10-2,
and §60A-10-3
, all to read as follows:
ARTICLE 9. WEST VIRGINIA METH FREE ACT.
§60A-10-1. Findings and purpose.
The Legislature finds as follows:
(a) The clandestine manufacture of the illegal drug
methamphetamine is a clear and present danger to the health and
well-being of the citizens of this state.
(b) Methamphetamine is routinely manufactured in clandestine
laboratories that are found across the entirety of this state,
pervasively invading the entirety of the socio-economic strata of
the citizenry of this state.
(c) These clandestine laboratories pose a clear and present
danger to the health and well-being of many of our citizens. The
operators of these laboratories are often armed while being
involved in the corrupt practice of distributing methamphetamine.
Further, the chemicals used in the production of methamphetamine
when combined in the manufacturing process are extremely volatile
and present the lethal danger of explosion and fire hazard.
Frequently, toddler and infant children are on the premises of
these clandestine methamphetamine laboratories and are therefore
exposed to the gravest of danger.
(d) Methamphetamine laboratories pose a potentially lethal
environmental hazard due to the unregulated and illegal use of
harmful chemicals involved in the production of methamphetamine;
and
(e) The Legislature desires to coordinate efforts with law
enforcement, the health care industry, community agencies and other
interested stakeholders to develop a comprehensive strategy
including treatment and public awareness for addressing methamphetamine abuse.
§60A-10-2. Short title.
This article shall be known and cited as the "Meth-Free Act of
2006."
§60A-10-3. State Police to maintain registry of names of persons
convicted of methamphetamine manufacture.
(a) The Criminal Identification Division of the State Police
shall maintain a registry containing the names of persons convicted
under the provisions of section four hundred eleven, article four,
chapter sixty-a of this code and under the provisions of article
ten, chapter sixty-a of this code. The registry shall be
maintained by the Criminal Identification Division and made
available for public inquiry on the Internet. The registry shall
consist of the person's name, date of birth, the offenses for which
he or she was convicted requiring their inclusion on the registry
and any other identifying information considered necessary to
properly identify the person: Provided, That in no event may the
information include a person's social security number.
(b) The circuit clerks throughout the state shall forward
certified copies of abstracts of judgment containing any criminal
convictions had under the provisions of section four hundred
eleven, article four, chapter sixty-a of this code or under article
ten, chapter sixty-a of this code to the Criminal Identification
Division of the State Police within forty-five days of the order of
conviction.
NOTE: The purpose of this bill is to create the West Virginia
Meth Free Act. The bill sets forth findings and a purpose while
providing a short title.
It, additionally, requires the State
Police to maintain a registry of names of those convicted of crimes
related to methamphetamine production or distribution while
requiring the circuit clerks to provide abstracts of judgment to
the State Police that reflect criminal convictions of persons for
methamphetamine production or distribution.
This article is new; therefore, strike-throughs and
underscoring have been omitted.