H. B. 4354

         (By Delegates Savilla, Sobonya, C. Miller,

            Sumner, Barker, Ellington, Perdue, Andes,

                   Hamilton and Gearheart)

              [Introduced January 31, 2012; referred to the

                   Committee on the Judiciary then Finance.]

A BILL to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to the sale of medication prescribed for a child and sold or allowed to be sold by a parent or guardian to a third party; penalties.

Be it enacted by the Legislature of West Virginia:

    That §61-8D-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8D. CHILD ABUSE.

§61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties.

    (a) If any parent, guardian or custodian shall neglect neglects a child and by such the neglect cause said the child bodily injury, as such the term is defined in section one, article eight-b of this chapter, then such the parent, guardian or custodian shall be is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1000 or committed to the custody of the Division of Corrections for imprisoned in a state correctional facility not less than one nor more than three years or, in the discretion of the court, be confined in the county jail for not more than one year, or both such fine and confinement or imprisonment. fined and imprisoned or fined and confined.

    (b) If any parent, guardian or custodian shall neglect neglects a child and by such the neglect cause said the child serious bodily injury, as such the term is defined in section one, article eight-b of this chapter, then such the parent, guardian or custodian shall be is guilty of a felony and, upon conviction thereof, shall be fined not less than $300 nor more than $3000 or committed to the custody of the Division of Corrections for imprisoned in a state correctional facility not less than one nor more than ten years, or both such fine and imprisonment. fined and imprisoned.

    (c) The provisions of this section shall do not apply if the neglect by the parent, guardian or custodian is due primarily to a lack of financial means on the part of such parent, guardian or custodian.

    (d) (1) The provisions of this section shall do not apply to any a parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such the parent, guardian or custodian with necessary medical care when such the medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such the parent, guardian or custodian is an adherent or member.

    (2) A parent, guardian or custodian who converts any medication or controlled substance prescribed to a child by a physician or other licensed medical professional for the purpose of vending the medication to a third party or who allows another person to convert any medication or controlled substance prescribed to a child by a physician or other licensed medical professional for the purpose of vending the medication to a third party, is guilty of a felony and, upon conviction thereof, shall be fined not more than $2000 and imprisoned in a state correctional facility for not less than two nor more than five years.

    (e) Any person who grossly neglects a child and by the gross neglect creates a substantial risk of serious bodily injury or of death to the child is guilty of a felony and, upon conviction thereof, shall be fined not more than $3000 and confined to the custody of the Division of Corrections imprisoned in a state correctional facility for not less than one nor more than five years.

    NOTE: The purpose of this bill is to create penalties for parents or guardians who sale or who allow to be sold any medication prescribed to a child.

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