Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits drug possession within 200 feet of a public library.

Highlights:

• Prohibits parole eligibility for a period of 3 years if (Sec. G0A-4-406.a):

• Is 21 years of age or older at the time of the distribution upon which the conviction is based, and the person to whom the controlled substance was distributed was under the age of 18 years at the time of the distribution;

• 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

• 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.

• Prohibits parole eligibility for a period of 2 years if (Sec. G0A-4-406.b):

• Is 21 years of age or older at the time of the distribution upon which the conviction is based, and the person to whom the controlled substance was distributed was under the age of 18 years at the time of the distribution;

• 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

• 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.

• Specifies the above cannot be considered unless discovered through the following means (Sec. G0A-4-406.b):

• Found by the court upon a plea of guilty or nolo contendere;

• Found by the jury, if the matter be tried before a jury, upon submission to the jury of a special interrogatory for such purpose; or

• Found by the court, if the matter be tried by the court without a jury.

Full Bill Text