Senate Bill No. 552

(By Senators Plymale, Tucker, D. Hall and Palumbo)

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[Introduced February 12, 2014; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for illegally transporting Schedule I and II narcotic controlled substances into the state by making the penalty a determinate sentence of not more than fifteen years.

Be it enacted by the Legislature of West Virginia:

    That §60A-4-409 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-409. Prohibited acts -- Transportation of controlled substances into state; penalties.

    (a) Except as otherwise authorized by the provisions of this code, it shall be is unlawful for any person to transport into this state a controlled substance with the intent to deliver the same or with the intent to manufacture a controlled substance.

    (b) Any person who violates this section with respect to:

    (1) A controlled substance classified in Schedule I or II, which is a narcotic drug, shall be is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor a determinate sentence of not more than fifteen years, or fined not more than $25,000, or both;

    (2) Any other controlled substance classified in Schedule I, II or III shall be is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both;

    (3) A substance classified in Schedule IV shall be is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both;

    (4) A substance classified in Schedule V shall be is guilty of a misdemeanor and, upon conviction, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both: Provided, That for offenses relating to any substance classified as Schedule V in article ten of this chapter, the penalties established in said that article apply.

    (c) The offense established by this section shall be is in addition to and a separate and distinct offense from any other offense set forth in this code.

    NOTE: The purpose of this bill is to increase the option for sentencing where a defendant is convicted of transporting Schedule I and II narcotics into the state by removing the minimum sentence and converting the penalty from an indeterminate period of 1-15 years to a determinate sentence of up to 15 years.

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