ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2376

(By Delegates Caputo, Prunty, Manchin,

Stalnaker, Varner, Marshall and Shaver)


[Passed April 13, 2001; in effect ninety days from passage.]


AN ACT 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 intentionally 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 intentionally 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.