H. B. 2001
(By Delegates Ashley and Martin)
[Introduced February 12, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirteen, relating to deadly weapons; use or possession of
a firearm in drug trafficking offenses; and providing
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-13. Use or possession of firearm in drug trafficking offenses; penalties.
(a) Any person who, during the commission of, and in relation to, any drug trafficking crime, uses or carries a firearm, is
guilty of a felony,, and, upon conviction thereof, in addition to
the punishment provided for such drug trafficking crime, shall be
confined in the penitentiary for not less than two years nor more
than ten years. In the case of a second or subsequent conviction
under this subsection, such person shall be confined to the
penitentiary for not less than five nor more than fifteen years.
Notwithstanding any other provision of law to the contrary, the
court may not place a person convicted for a violation of this
subsection on probation or suspend the sentence of such person nor
may the term of imprisonment imposed under this subsection run
concurrently with any other term of imprisonment including that
imposed for the drug trafficking crime.
(b) For purposes of this section, the term "drug trafficking
crime" means any felony set forth in article four, chapter sixty-a
of this code.
NOTE: The purpose of this bill is to make unlawful the use of
possession of a firearm in drug trafficking offenses. Penalties
for first offense are confinement in the penitentiary for not less
than two nor more than ten years, and on second offense,
confinement in the penitentiary for not less than five nor more
than fifteen years. Sentence for such felony shall not be subject
to probation and shall not run concurrently with the drug
trafficking sentence.
Section 13 is new; therefore, strike-throughs and underscoring
are omitted.
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