West Virginia 2020 Regular Session Status: In Committee

SB 259 — Requiring mandatory incarceration prior to parole for certain persons convicted of distributing controlled substances near libraries

Last action — Referred to Rules on 2nd reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

34 added · 43 removed

Plain-language change summary

The updated version of SB 259 expands the areas where certain drug distribution laws apply and includes stricter penalties. Previously, the law specified a 200-foot radius around public libraries, but the new wording now includes a 1,000-foot radius around schools and colleges as well. This change means that individuals convicted of distributing controlled substances in these larger areas will face longer mandatory prison sentences before they are eligible for parole, which aims to enhance community safety near educational institutions.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 259 History OTHER VERSIONS  —  Committee Substitute (1)  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB259 SUB1 « Senate Bill 259 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 259 By Senator Romano [Introduced January 10, 2020;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 259 Senator Romano, original sponsor [Originating in the Committee on the Judiciary;
referred to the Committee on the Judiciary] A BILL to amend and reenact §60A-4-406 of the Code of West Virginia, 1931, as amended, relating to applying a mandatory period of incarceration prior to parole eligibility to persons 18 years old or over who are convicted of distributing a controlled substance within 200 feet of a public library.
reported on February 21, 2020]     A BILL to amend and reenact §60A-4-406 of the Code of West Virginia, 1931, as amended, relating to applying a mandatory period of incarceration prior to parole eligibility to persons 18 years old or over who are convicted of distributing a controlled substance within 200 feet of a public library;
and establishing penalties.
distribution by persons 18 or over in or on, or within 1,000 feet of, school or college;
distribution by persons 18 or over in, on, or within 1,000 feet of, school or college;
distribution by persons 18 or over in or on, or within 200 feet of a public library;
distribution by persons 18 or over in, on, or within 200 feet of, a public library;
(a) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of three years if he or she is sentenced to the custody of the Commissioner of Corrections and Rehabilitation, or his or her predecessor, for service of a sentence of incarceration and is convicted of a felony violation under the provisions of §60A-4-401(a)(i) of this code for distribution of a controlled substance and:
(a) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of three years if he or she is sentenced to the custody of the Commissioner of Corrections and Rehabilitation for service of a sentence of incarceration and is convicted of a felony violation under the provisions of §60A-4-401(a)(i) of this code for distribution of a controlled substance and:
or (2) Is 18 years of age or older and the distribution upon which the conviction is based occurred in or on, or within 1,000 feet of, the real property comprising a public or private elementary, vocational or secondary school or a public or private college, junior college or university in this state;
or (2) Is 18 years of age or older and the distribution upon which the conviction is based occurred in, on, or within 1,000 feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university in this state;
or (3) Is 18 years of age or older and the distribution upon which the conviction is based occurred in or on, or within 200 feet of, the real property comprising a public library in this state.
or (3) Is 18 years of age or older and the distribution upon which the conviction is based occurred in, on, or within 200 feet of, the real property comprising a public library in this state.
(b) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of two years if he or she is sentenced to the custody of the Commissioner of Corrections and Rehabilitation, or his or her predecessor, for service of a sentence of incarceration and is convicted of a felony violation under the provisions of §60A-4-401(a)(ii) of this code for distribution of a controlled substance and:
(b) Notwithstanding any other provision of law to the contrary, a person is ineligible for parole for a period of two years if he or she is sentenced to the custody of the Commissioner of Corrections and Rehabilitation for service of a sentence of incarceration and is convicted of a felony violation under the provisions of §60A-4-401(a)(ii) of this code for distribution of a controlled substance and:
or (2) Is 18 years of age or older and the distribution upon which the conviction is based occurred in or on, or within 1,000 feet of, the real property comprising a public or private elementary, vocational or secondary school or a public or private college, junior college or university in this state;
or (2) Is 18 years of age or older and the distribution upon which the conviction is based occurred in, on, or within 1,000 feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university in this state;
or (3) Is 18 years of age or older and the distribution upon which the conviction is based occurred in or on, or within 200 feet of, the real property comprising a public library in this state.
or (3) Is 18 years of age or older and the distribution upon which the conviction is based occurred in, on, or within 200 feet of, the real property comprising a public library in this state.
  NOTE:
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The purpose of this bill is to make the provisions of the current law applicable to persons 18 years of age or older who are convicted of distribution of a controlled substance within 200 feet of public library in this state.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Referred to Rules on 2nd reading

  2. On 2nd reading

  3. Read 1st time

  4. On 1st reading

  5. Committee substitute reported

  6. To Judiciary

  7. Introduced in Senate

  8. To Judiciary

  9. Filed for introduction

Sponsors

  • Romano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

  • Romano

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 259?
SB 259 is sponsored by Romano.
What is the current status of SB 259?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 259?
Track SB 259 free on One Click Politics — get push/email alerts when it moves.

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