H. B. 2036
(By Delegates Rodighiero, Moye, J. Miller and D. Poling)
[Introduced January 12, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60A-10-12 of the Code of West Virginia, 1931, as amended, relating to the Uniform Control Substances Act; the Methamphetamine Laboratory Eradication Act; and increasing the felony criminal penalties for exposing children to methamphetamine manufacturing.
Be it enacted by the Legislature of West Virginia:
That §60A-10-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-12. Exposure of children to methamphetamine manufacturing; penalties.
(a) Any person eighteen years of age or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction, shall be confined imprisoned in a state correctional facility for not less than one five nor more than five thirty years, fined not more than $10,000, or both fined and imprisoned.
(b) Notwithstanding the provisions of subsection (a) of this section, the penalty for a violation of said subsection when the child suffers serious bodily injury as such is defined in the provisions of section one, chapter eight-b of this code shall be confined imprisoned in a state correctional facility for not less than three ten nor more than fifteen thirty years, fined not more than $25,000, or both fined and imprisoned.
NOTE: The purpose of this bill is to increase the penalties for exposing children to methamphetamine manufacturing.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.