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Introduced Version House Bill 2668 History

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Key: Green = existing Code. Red = new code to be enacted

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.

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