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SB431 SFA Trump 1-27 #1 Smith 7883   Senator Trump moved to amend the bill on page one, section four hundred sixteen, lines fourteen through seventeen, by striking out all of subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS Engrossed Version « Senate Bill 431 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 431 By Senator Weld [Originating in the Committee on the Judiciary;
reported on January 27, 2022]     A BILL to amend and reenact §60A-4-416 of the Code of West Virginia, 1931, as amended, relating generally to the Uniform Controlled Substances Act;
defining and clarifying the phrase “engaged in the illegal use of a controlled substance with another person”;
and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4.
OFFENSES AND PENALTIES.
§60A-4-416.
Drug delivery resulting in death;
failure to render aid.
(a) Any person who knowingly and willfully delivers a controlled substance or counterfeit controlled substance in violation of the provisions of §60A-4-401 of this code for an illicit purpose and the use, ingestion, or consumption of the controlled substance or counterfeit controlled substance alone, or in combination with one or more other controlled substances, proximately causes the death of a person using, ingesting, or consuming the controlled substance, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three nor more than 15 years.
(b) Any person who, while engaged in the illegal use of a controlled substance with another person, who knowingly fails to seek medical assistance for such other person when the other person suffers an overdose of the controlled substance or suffers a significant adverse physical reaction to the controlled substance and the overdose or adverse physical reaction proximately causes the death of the other person, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than five years.
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