COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 552
(By Senators Plymale, Tucker, D. Hall and Palumbo)
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[Originating in the Committee on the Judiciary;
reported February 19, 2014.]
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A BILL to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for illegally transporting Schedule I and II narcotic controlled substances into the state by making the penalty a determinate sentence of not more than fifteen years; and exempting from coverage of the statute certain methamphetamine precursors.
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 is unlawful for any person to transport into this state a controlled substance into this state with the intent to deliver the same or with the intent to manufacture a controlled substance that it be delivered to another.
(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 be imprisoned in the state correctional facility for not less than one year nor a determinate sentence of not more than fifteen 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 be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both;
(3) A substance classified in Schedule IV shall be that is not addressed in and regulated by the provisions of article four of this chapter is guilty of a felony and, upon conviction, may 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; or
(4) A substance classified in Schedule V shall be is guilty of a misdemeanor and, upon conviction, may 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.