Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Committee Substitute House Bill 4240 History

OTHER VERSIONS  -  Introduced Version  |     |  Email


WEST virginia legislature

2016 regular session

Committee Substitute

for

House Bill 4240

By Delegates Marcum, Philllips, Hamilton, Hicks, Rodighiero, Westfall, Sobonya, R. Smith, Storch, Summers and Byrd

[Originating in the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-406b, all relating to the Uniform Controlled Substances Act; offenses and penalties; providing 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; and increasing the penalties for transporting controlled substances into the state.

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 §60A-4-406b; to read as follows:

ARTICLE 4. OFFENSES AND PENALTIES.


§60A-4-406b.  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 that person is imprisoned in a state correctional facility 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 three years if that person is imprisoned in a state correctional facility 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 marihuana, 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 ten years if that person is imprisoned in a state correctional facility 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 three years if that person is imprisoned in a state correctional facility 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 marihuana, 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.


 

 

NOTE: The purpose of this bill is to increase the penalties and mandatory minimum sentences for drug traffickers bringing drugs into the state and for distributing drugs. The enhanced penalties apply to those individuals previously been convicted of a drug offense and who are in possession of a certain threshold of drugs at the time of the arrest.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2017 West Virginia Legislature *
X

Print On Demand

Name:
Email:
Phone:

Print