West Virginia Legislature

2016 Regular Session

Introduced

House Bill 2174

2015 Carryover

(By Delegates Marcum, R. Phillips, Hicks, Lynch,  Butler, Faircloth, J. Nelson, Reynolds and Eldridge)

 

[Introduced January 13, 2016; referred to the

Committee on the Judiciary.]

 

 

A BILL to amend and reenact §60A‑4‑409 of the Code of West Virginia, 1931, as amended, relating to increasing criminal incarceration penalties for the transportation of controlled substances into the state.

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 shall be imprisoned in the a state correctional facility for not less than one year eighteen months nor more than fifteen years, or fined not more than $25,000, or both fined and imprisoned;

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

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

(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 fined and confined:  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 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 criminal incarceration penalties for the transportation of controlled substances into the state.

 

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