SB6 SFA Carmichael 2-17 #1

TJO 7913

Senator Carmichael moved to amend the bill on page three, after the enacting section, by inserting the following:

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 14. REGISTRY OF CONVICTIONS FOR METHAMPHETAMINE OFFENSES.

§15-14-1. Registry of convictions for methamphetamine offenses; required information; procedures.

(a) There is created within the Criminal Identification Bureau of the West Virginia State Police a methamphetamine registry of persons convicted of a violation of either of the following provisions of this code:

(1) Section four hundred eleven, article four, chapter sixty-a; and

(2) Section four, article ten, chapter sixty-a of this code.

(b) The registry shall consist of the person’s name, date of birth, offense or offenses requiring the person’s inclusion on the registry, the conviction date and county of those offenses, and any other available information the bureau deems important. Under no circumstance may the registry make available to the public the person's social security number, driver’s license number, or any other state or federal identification number.

§15-14-2. Reports of certain convictions by prosecuting attorneys; providing website information; superintendent to propose rules.

(a) A prosecuting attorney, upon conviction of a person for violating the provisions of section four hundred eleven, article four, chapter sixty-a of this code or section four, article ten, chapter sixty-a of this code, shall report the conviction to the registry, provided in a form furnished by the bureau for registry purposes. Reporting procedures shall be developed by the bureau in conjunction with the West Virginia Prosecuting Attorneys Institute and the Administrator of the Supreme Court of Appeals.

(b) Information relating to convictions prior to the effective date of this section shall, to the extent feasible and practicable, be placed on the registry.

(d) The Superintendent of the State Police shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the provisions of this article;

On page eight, section two hundred ten, lines ninety-one through one hundred, by striking out all of subsection (f);

And by relettering the remaining subsection;

On page eleven, section two hundred twelve, after line thirty-nine, by adding the following:

(e) Any compound, mixture or preparation containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers except products which are for pediatric use primarily intended for administration to children under the age of twelve and products which have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine, as set forth in article ten of this chapter: Provided, That neither the offenses set forth in section four hundred one, article four of this chapter, nor the penalties therein, shall be applicable to ephedrine, pseudoephedrine or phenylpropanolamine, which shall be subject to the provisions of article ten of this chapter.;

On page twenty, section four, line one, after the word “dispense” by inserting the following: “to the same person, and a person may not purchase more than three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than twenty-four grams annually of”;

On page twenty, section four, line eleven, after the word “form” by changing the period to a colon and inserting the following proviso: “Provided, That a physician, a pharmacy by a pharmacist or pharmacy technician, or health care professional may not sell, transfer or dispense to a person convicted of: (1) A felony violation of chapter sixty-a of this code; or (2) any violation of section four hundred eleven, article four, chapter sixty-a of this code; or (3) any violation of section four, article ten, chapter sixty-a of this code, any substance described in subsection (e), section two hundred twelve, article two of this chapter, including versions that have been determined by the Board of Pharmacy to be in a form which is not feasible for being used for the manufacture of methamphetamine, except by prescription.;

And,

By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That §60A-10-8 of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto two new sections, designated §15-14-1 and §15-14-2; that §60A-2-210 and §60A-2-212 of said code be amended and reenacted; and that §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5 and §60A-10-7 of said code be amended and reenacted, to as follows:.

Adopted

Rejected