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Enrolled Version - Final Version House Bill 3049 History

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HB3049 enr
ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 3049

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

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


[Passed April 9, 2005; in effect ninety days from passage]


AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9C, relating to creating a new crime of wanton endangerment involving the use of fire; and imposing a criminal penalty.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-9C, to read as follows:
ARTICLE 3. CRIMES AGAINST THE PERSON.
§61-2-9c. Wanton endangerment involving the use of fire; penalty.
Any person who, during the manufacture or production of an illegal controlled substance uses fire, the use of which creates substantial risk of death or serious bodily injury to another due to the use of fire, is guilty of a felony and, upon conviction, shall be committed to the custody of the Division of Corrections for a definite term of years of not less than one nor more than five years or, in the discretion of the court, confined in the regional jail for not more than one year, or fined not less than two hundred fifty dollars or more than two thousand five hundred dollars, or both.
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