WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 219
BY SENATORS WELD AND DEEDS
[Introduced January 11, 2024; referred to the Committee on the Judiciary]
 Intr SB 219
1 A BILL to amend and reenact §60A-4-416 of the Code of West Virginia, 1931, as amended,
2 relating generally to the Uniform Controlled Substances Act; defining and clarifying the
3 phrases "engaged in the illegal use of a controlled substance with another person" and
4 "seek medical assistance"; 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.
1 (a) Any person who knowingly and willfully delivers a controlled substance or counterfeit
2 controlled substance in violation of the provisions of §60A-4-401 of this code for an illicit purpose
3 and the use, ingestion, or consumption of the controlled substance or counterfeit controlled
4 substance alone, or in combination with one or more other controlled substances, proximately
5 causes the death of a person using, ingesting, or consuming the controlled substance, is guilty of
6 a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a
7 determinate sentence of not less than three nor more than 15 years.
8 (b) Any person who, while engaged in the illegal use of a controlled substance with another
9 person, who knowingly fails to seek medical assistance for such other person when the other
10 person suffers an overdose of the controlled substance or suffers a significant adverse physical
11 reaction to the controlled substance and the overdose or adverse physical reaction proximately
12 causes the death of the other person, is guilty of a felony and, upon conviction thereof, shall be
13 imprisoned in a state correctional facility for not less than one year nor more than five years.
14 (c) As used in this section:
15 (1) The phrase "engaged in the illegal use of a controlled substance with another person"
16 means being in the physical presence of a person engaged in illegal drug use and participating
17 with him or her in illegal drug use, or knowingly facilitating illegal drug abuse by the other person
18 so engaged.
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 Intr SB 219
19 (2) "Seek medical assistance" means contacting the 9-1-1 emergency system, a poison
20 control facility, any type of first responder, a medical facility or medical professional capable of
21 treating an overdose and in the case of an opioid overdose to administer or cause the
22 administration of a commercially produced and medically recognized opioid antagonist.
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Statutes affected:
Introduced Version: 60A-4-416