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Committee Substitute House Bill 2992 History

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HB2992 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2992

(By Mr. Speaker, Mr. Kiss, and Delegates Pino,

Stalnaker, Amores, Poling, Varner, Stemple and Beach)

(Originating in the Committee on the Judiciary)


[March 22, 2005]


A BILL to amend and reenact §61-3E-10 of the Code of West Virginia, 1931, as amended, relating to adding operation of a clandestine drug laboratory to the crime of wanton endangerment involving a destructive device, an explosive material, or an incendiary device.

Be it enacted by the Legislature of West Virginia:
That §61-3E-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.
§61-3E-10. Wanton endangerment involving performance of an act with a destructive device, an explosive material, or an incendiary device or involving operation of a clandestine drug laboratory; penalties.

(a) It is unlawful for a person to create a substantial risk of death or serious bodily injury to another person:
(1) By wantonly performing an act with a destructive device, explosive material or incendiary device; or
(2) By knowingly engaging in, or knowingly permitting, the operation of a clandestine drug laboratory:
(A) As the owner, lessee or occupant of real property;
(B) As a household member or guest of the owner, lessee or occupant of real property; or
(C) As an employee or another person under the control of such owner, lessee, occupant, household member or guest.
(b) A person who violates the provisions of subsection (a) of this section is guilty of a felony and, upon conviction thereof, he or she shall be fined not more than ten thousand dollars or be committed to the custody of the Division of Corrections for not less than two years nor more than ten years, or both fined and imprisoned.
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