ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2376
(By Delegates Caputo, Prunty, Manchin,
Stalnaker, Varner, Marshall and Shaver)
(Originating in the Committee on the Judiciary)
[March 6, 2001]
A BILL to amend article eight, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eleven, relating to creating the misdemeanor offense for
breathing, inhaling, or drinking certain intoxicating
compounds; and providing a criminal penalty.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section eleven,
to read as follows:
Article 8.CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-11.Breathing, inhaling, or drinking certain
intoxicating compounds; penalty.
(a)No person shall breathe, inhale, or drink any compound, liquid, or chemical containing acetone, amylacetate, benzol or
benzene, butyl acetate, butyl alcohol, carbon tetrachloride,
chloroform, cyclohexanone, ethanol or ethyl alcohol, ethyl acetate,
hexane, isopropanol or isopropyl alcohol, isopropyl acetate, methyl
"cellosolve" acetate, methyl ethyl ketone, methyl isobutyl ketone,
toluol or toluene, trichloroethylene, tricresyl phosphate, xylol or
xylene, or any other solvent, material substance, chemical, or
combination thereof, having the property of releasing toxic vapors
for the purpose of inducing a condition of intoxication,
stupefaction, depression, giddiness, paralysis, or irrational
behavior or in any manner changing, distorting, or disturbing the
auditory, visual, or mental processes. For the purposes of this
section, any condition so induced shall be deemed to be an
intoxicated condition.
(b) This section does not apply to:
(1) Any person who commits any act described herein pursuant
to the direction or prescription of a licensed physician or dentist
authorized to so direct or prescribe, including the inhalation of
anesthesia for medical or dental purposes; or
(2) To any alcoholic liquor or nonintoxicating beer as defined
in section five, article one, chapter sixty of this code.
(c) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars or be confined in a county
or regional jail for not more than sixty days, or both fined and
imprisoned.
This section is new; therefore, strike-throughs and
underscoring have been omitted.