Bill Text: WV HB4602 | 2016 | Regular Session | Introduced
Bill Title: Increasing mandatory minimum sentences for trafficking drugs into the state
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2016-02-17 - To House Select Committee on Prevention and Treatment of Substance Abuse [HB4602 Detail]
Download: West_Virginia-2016-HB4602-Introduced.html
WEST virginia legislature
2016 regular session
Introduced
House Bill 4602
By Delegates Sobonya, Rohrbach, Miller, Border, D. Evans, Cooper, Ambler, Waxman, B. White, Statler and Summers
[Introduced February 17, 2016; referred to the Select 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, and to amend said code by adding thereto three new sections, designated §60A-4-414, §60A-4-415 and §60A-4-416; relating to mandatory minimum sentences for trafficking drugs into the state and for other drug offenses; increasing period of ineligibility for parole for certain violations of possession or distribution of controlled substances and establishing applicable conditions; increasing period of ineligibility for parole for transporting certain controlled substances into the state and establishing applicable conditions; prohibiting application of alternative sentences; providing an exception to the mandatory minimums; increasing the penalties for transporting controlled substances into the state; establishing a penalty for conspiracy; establishing a penalty for attempt; and establishing a penalty for possession or use of a firearm in furtherance of a drug transaction.
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; and that said code be amended by adding thereto three new sections, designated §60A-4-414, §60A-4-415 and §60A-4-416, all 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 state correctional facility for not less than one year ten
years nor more than fifteen thirty years, or fined not more
than $25,000, or both;
(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
state correctional facility for not less than one year five years
nor more than five fifteen years, or fined not more than $15,000,
or both: Provided, That this subsection does not apply to
offenses involving less than one pound of marihuana;
(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 nor more than three years, or fined not
more than $10,000, or both;
(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: 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.
§60A-4-414. Mandatory minimum sentences for violations.
(a) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of ten 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 the provisions of subdivision (i), subsection (a), section four hundred one of this article for distribution of a controlled substance and:
(1) Is in possession at the time of arrest of controlled substances classified in Schedule I or II, which is a narcotic drug, that has a street value of greater than $1,000; and
(2) Has previously been convicted of a second or subsequent offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs.
(b) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of five 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 the provisions of subdivision (ii), subsection (a), section four hundred one of this article for distribution of a controlled substance and:
(1) Is in possession at time of arrest of controlled substances classified in Schedule I, II or III, that has a street value of greater than $1,000; and
(2) Has previously been convicted of a second or subsequent offense under this chapter or under any statute of the United States or of any state relating to depressant, stimulant, or hallucinogenic drugs.
(c) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of fifteen 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 the provisions of subdivision (1), subsection (b), section four hundred nine of this article for distribution of a controlled substance and:
(1) Is in possession at time of arrest of controlled substances classified in Schedule I or II, which is a narcotic drug, that has a street value of greater than $1,000; and
(2) Has previously been convicted of a second or subsequent offense under this chapter or under any statute of the United States or of any state relating to narcotic drugs.
(d) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of ten 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 the provisions of subdivision (2), subsection (b), section four hundred nine of this article for distribution of a controlled substance and:
(1) Is in possession at time of arrest of controlled substances classified in Schedule I, II or III, that has a street value of greater than $1,000; and
(2) Has previously been convicted of a second or subsequent offense under this chapter or under any statute of the United States or of any state relating to depressant, stimulant, or hallucinogenic drugs.
(e) Those individuals subject to this section are not eligible for sentencing alternatives made available to circuit court judges under other provisions of this code.
(f) Offenses involving marihuana are excluded from the mandatory minimums for the purposes of this section.
§60A-4-415. Attempt; Conspiracy.
(a) Any person who attempts to commit any offense defined in this article, or conspires to commit any offense defined in this article, is subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
(b) The offense established by this section is in addition to and a separate and distinct offense from any other offense set forth in this code.
§60A-4-416. Use or possession of a firearm.
Any person convicted of an offense under this article while in possession of a firearm or who used a firearm in furtherance of the offense may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. When a term of imprisonment is doubled under section four hundred six of this article, such term of imprisonment shall not be further increased for such offense under this section, even though such term of imprisonment is for a second or subsequent offense: Provided, That this section does not apply to offenses under subsection (c), section four hundred one of this article.
NOTE: The purpose of this bill is to increase mandatory minimum sentences for trafficking drugs into the state; to increase periods of ineligibility for parole for certain violations; to establish a penalties for conspiracy and for use or possession of a firearm in drug transactions. .
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
