Bill Text: WV HB2136 | 2016 | Regular Session | Introduced
Bill Title: Increasing criminal penalties for the transportation of controlled substances
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Introduced - Dead) 2016-01-13 - To House Judiciary [HB2136 Detail]
Download: West_Virginia-2016-HB2136-Introduced.html
West Virginia Legislature
2016 Regular Session
Introduced
House
Bill 2136
2015 Carryover
(By Delegate R. Phillips, Walters, Eldridge, Byrd, Smith, R., Reynolds, Storch and Moffatt)
[Introduced January 13, 2016; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §60A‑4‑409 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for the transportation of controlled substances into the state.
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
is 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 is guilty of a felony and, upon conviction, may shall
be imprisoned in the a state correctional facility for not less
than one year five years nor more than fifteen years, or fined
not more than $25,000 $50,000, or both fined and imprisoned;
(2)
Any other controlled substance classified in Schedule I, II or III shall be
is guilty of a felony and, upon conviction, may shall be
imprisoned in the a state correctional facility for not less than
one year two years nor more than five years, or fined not more
than $15,000 $25,000, or both fined and imprisoned;
(3) A
substance classified in Schedule IV shall be is guilty of a
felony and, upon conviction, may shall be imprisoned in the
a state correctional facility for not less than one year nor more than three
five years, or fined not more than $10,000 $15,000, or
both fined and imprisoned;
(4) A
substance classified in Schedule V shall be is 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 $10,000,
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 criminal penalties for the transportation of controlled substances into the state.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
