COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 354
(By Senators Sprouse, Weeks, Deem, Smith and Boley)
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[Originating in the Committee on the Judiciary;
reported February 19, 2003.]
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A BILL to amend article four, chapter sixty-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section four hundred
eleven, relating to creating the offense of operating or
attempting to operate a clandestine drug laboratory; defining
clandestine drug laboratory; offenses; penalties; and
requiring payment for costs of remediation.
Be it enacted by the Legislature of West Virginia:
That article four, chapter sixty-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four
hundred eleven, to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-411. Operating or attempting to operate clandestine drug
laboratories; offenses; penalties.
(a) Any person who operates or attempts to operate a
clandestine drug laboratory is guilty of a felony and, upon
conviction, shall be confined in a state correctional facility for
not less than one year nor more than five years or fined not less
than five thousand dollars nor more than twenty-five thousand
dollars, or both.
(b) For purposes of this section, a "clandestine drug
laboratory" means any property, real or personal, on or in which a
person assembles any chemicals or equipment or combination thereof
for the purpose of manufacturing methamphetamine,
methylenedioxymethamphetamine or lysergic acid diethylamide in
violation of the provisions of section four hundred one of this
article.
(c) Any person convicted of a violation of subsection (a) of
this section shall be responsible for all reasonable costs, if any,
associated with remediation of the site of the clandestine drug
laboratory.
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(NOTE: The purpose of this bill is provide for the felony
offense of operating or attempting to operate a clandestine drug
laboratory.
This section is new; therefore, underlining and strike-
throughs have been omitted.)
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