This bill amends West Virginia Code §60-6-9 to make it a misdemeanor for individuals to appear in public while under the impairment of narcotics, in addition to the existing prohibition against public intoxication. The bill introduces new legal language that specifies the penalties for such offenses, including fines and mandatory education programs for first-time offenders. Specifically, it allows for a fine of $5 to $100 for first offenses, with the option to attend a drug abuse education program to potentially dismiss charges. Subsequent offenses carry increased penalties, including fines and possible jail time.

The bill also outlines the procedures for law enforcement officers when dealing with individuals who violate these provisions. Officers are granted the authority to arrest individuals without a warrant for violations of public intoxication or narcotics impairment, and they must follow specific protocols for handling incapacitated individuals. Additionally, the bill provides for the possibility of individuals being found not guilty by reason of addiction if they are determined to be alcoholics or drug addicts. Overall, the legislation aims to address public safety concerns related to substance impairment in public spaces while also providing avenues for rehabilitation.

Statutes affected:
Introduced Version: 60-6-9