Bill Text: WV HB4292 | 2016 | Regular Session | Introduced
Bill Title: Increasing criminal incarceration penalties for the transportation of controlled substances into the state
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Introduced - Dead) 2016-01-27 - To House Select Committee on Prevention and Treatment of Substance Abuse [HB4292 Detail]
Download: West_Virginia-2016-HB4292-Introduced.html
WEST virginia Legislature
2016 regular session
Introduced
House Bill 4292
By Delegates Marcum, R. Phillips, Hamilton, Hicks, Rodighiero, Westfall, Sobonya, R. Smith, P. White, Moye and Byrd
[Introduced January 27,
2016; Referred
to the Committee on Select Committee on Prevention and Treatment of Substance
Abuse then the Judiciary.]
A BILL amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing criminal incarceration 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 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 eighteen months nor more than fifteen years, or fined not more
than $25,000, 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 eighteen
months nor more than five years, or fined not more than $15,000, 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 state correctional
facility for not less than one year eighteen months nor more than
three years, or fined not more than $10,000, or both fined and imprisoned;
(4) A substance classified
in Schedule V shall be is guilty of a misdemeanor and, upon
conviction, may shall 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 imprisoned: 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 is 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 incarceration penalties for the transportation of controlled substances into the state.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
