FISCAL
NOTE
WEST virginia Legislature
2017 regular session
By
[
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-4-406a, relating to increased penalties for manufacturing or
transportation of a controlled substance in the presence of a minor; providing
for increased penalty for adult persons convicted of manufacturing, delivering,
or possessing with the intent to manufacture or deliver a controlled substance
in the presence of a minor; and providing for increased penalty for adult
persons convicted of transporting a controlled substance into this state with
the intent to deliver or manufacture a controlled substance while being in the
presence of a minor at the time of the offense.
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-4-406a, to read as follows:
ARTICLE 4. offenses and
penalties.
§60A-4-406a.
Manufacture or delivery in presence of a minor; transportation into the state
in presence of minor; mandatory period of incarceration prior to parole
eligibility.
(a) Notwithstanding any
other provision of law to the contrary, a person is ineligible for parole for a
period of three years if he or she is sentenced to the custody of the
Commissioner of Corrections for service of a sentence of incarceration and is
convicted of a felony violation under W.Va. Code §60A-4-401(a)(i) or (ii), and
who caused a person under the age of eighteen to be present at the time and
location of the offense upon which the conviction is based.
(b) Notwithstanding any
other provision of law to the contrary, a person is ineligible for parole for a
period of three years if he or she is sentenced to the custody of the Commissioner
of Corrections for service of a sentence of incarceration and is convicted of a
felony violation under W.Va. Code §60A-4-409(b)(1) or (2), and who caused a
person under the age of eighteen to be present at the time and location of the
offense upon which the conviction is based.
(c) The existence of any
fact which would make any person subject to the provisions of this section may
not be considered unless the fact is clearly stated and included in the
indictment or presentment by which the person is charged and is either:
(1) Found by the court
upon a plea of guilty or nolo contendere;
(2) Found by the jury,
if the matter be tried before a jury, upon submission to the jury of a special
interrogatory for such purpose; or
(3) Found by the court,
if the matter be tried by the court without a jury.
NOTE: The purpose of this bill is
to increase the minimum sentence by three years for individuals convicted of
manufacturing, delivering, or transporting controlled substances in the
presence of a minor.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.