WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4235 FISCAL
NOTE
By Delegate Hornbuckle [Introduced January 10, 2024; Referred to the Committee on the Judiciary]
 Intr HB 2024R1375
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
2 designated §9-11-1, §9-11-2, and §9-11-3, all relating to creating the Fair Chance Act;
3 establishing certain benefits and services for persons convicted of any felony offense
4 related to the possession, sale, or distribution of crack cocaine from 1980 to the present;
5 and establishing that the benefits are prospective only.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. FAIR CHANCE ACT.
§9-11-1. Eligibility.
1 Any person convicted of any felony offense related to the possession, sale, or distribution
2 of crack cocaine from 1980 to the present is eligible for services under this article.
§9-11-2. Services available to eligible persons.
1 (a) The Secretary of the West Virginia Department of Health and Human Resources shall
2 provide the following services to those persons referred to in §9-11-1 of this code:
3 (1) Admission into a substance abuse center or residential treatment;
4 (2) Expungement of any drug offense not involving an act of violence;
5 (3) Any social, behavioral, family, marriage, psychological, or financial counseling;
6 (4) Free admission or a tuition waiver for community college or vocational-technical school;
7 and
8 (5) Waiver of any legal fees for family court.
9 (b) Eligible persons may not be required to disclose any drug-related felony conviction on
10 any rental application or any application for SNAP benefits.
§9-11-3. Prospective application only.
1 Benefits provided by this article are prospective only. These provisions of this article shall
2 apply to any drug convictions involving crack cocaine from 1980 to the present. Benefits are
3 prospective only.
1
Intr HB 2024R1375
NOTE: The purpose of this bill is to provide services to eligible persons to assist in transition following a felony drug conviction involving crack cocaine.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 9-11-1, 9-11-2, 9-11-3