HB 4466
Extend the public intoxication of alcohol code to include being under the impairment of narcotics in public
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill expands West Virginia’s public intoxication laws to include individuals who are impaired by narcotics while in public. It makes it a misdemeanor to be under the influence of narcotics in a public place, similar to current laws regarding alcohol intoxication. The bill outlines penalties, including fines and educational programs, and establishes procedures for law enforcement to handle such situations, including potential transportation to medical facilities. It also addresses the potential for judicial diversion programs for first-time offenders.
Key provisions
- It criminalizes being under the influence of narcotics in a public place.
- Law enforcement can arrest individuals without a warrant if they violate the law.
- The bill outlines procedures for transporting incapacitated individuals to medical care.
- First-time offenders may receive a fine or attend an alcohol or drug education program.
- Subsequent offenses carry increased fines and potential jail time.
- For violations involving possession of excessive alcohol, specific penalties apply.
- Individuals found to be addicted to alcohol or narcotics may be found not guilty by reason of addiction.
- Judicial officers can dismiss charges if an individual completes an education program.
Who is affected
- Individuals in West Virginia who consume narcotics in public.
- Law enforcement officers in West Virginia.
- Judicial officials in West Virginia.
- Community mental health centers.
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