WEST virginia legislature
2017 regular session
Introduced
House Bill 2645
[Introduced February 21,
2017; Referred
to the Committee on Prevention and Treatment of Substance Abuse then the
Judiciary.]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§60A-4-414, relating to creating a felony for failure to render aid by a
culpable person in presence of a drug overdose; and providing penalties.
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-4-414, to read as follows:
ARTICLE 4. OFFENSES AND
PENALTIES.
§60A-4-414. Failure
to render aid when present during ingestion.
Any person who is
present and culpable during the ingestion of a controlled substance by another
person who manifests an adverse physical reaction to the controlled substance,
and the person fails to render or seek medical assistance for the other person in
a timely manner and the other person ingesting the controlled substance
subsequently dies due to that ingestion, is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional facility not
less than three years nor more than fifteen years.
NOTE: The purpose of this bill is
to create a new offense relating to the culpability of persons present during
the ingestion of controlled substances; providing that a person present when a
controlled substance is ingested and manifests an adverse physical reaction
that results in that person’s death, is guilty of a felony.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.