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Introduced Version Senate Bill 715 History

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Senate Bill No. 715

(By Senator Sprouse)


[Introduced March 21, 2005; referred to 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-4-412, relating to establishing an amnesty day for voluntary admission of manufacture of methamphetamine.

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-4-412, to read as follows:
§60A-4-412. Amnesty for possession of precursors to methamphetamine.

(a) It is the finding and purpose of the Legislature that the manufacture and use of methamphetamine poses a community risk that must be addressed through vigorous and active intervention to break the cycle of addiction, and allow for those individuals seeking assistance an opportunity to overcome the influence of the controlled substance.
(b) A prosecuting attorney, in consultation and approval with the sheriff of the county, may provide for a single day of amnesty from prosecution in his or her jurisdiction for persons possessing precursors used in the manufacture of methamphetamine: Provided, That this amnesty is one time only for such persons; includes mandatory participation and completion of a rehabilitation program at the person's expense; and an agreement to cooperate with law- enforcement in prosecuting other persons and locations manufacturing controlled substances.
(c) In constructing a day of amnesty, the prosecutor has discretion in determining whether penalties shall be deferred, whether an improvement period shall be granted, the nature and length of the rehabilitation program, the specific precursors to be given amnesty, and otherwise provide the institution and maintenance of the amnesty program.
(d) Notwithstanding the provisions contained in this section, there is no affirmative duty or mandatory requirement that a prosecutor provide an amnesty day.

NOTE: The purpose of this bill is to establish an amnesty day for voluntary admission of manufacture of methamphetamine.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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