West Virginia 2024 Regular Session

West Virginia House Bill HB5319

Introduced
1/29/24  
Refer
1/29/24  
Engrossed
2/16/24  
Refer
2/19/24  

Caption

Creating the offense of exposing persons to fentanyl

Impact

If enacted, HB5319 will introduce severe penalties for individuals who knowingly or recklessly expose law enforcement or emergency workers to fentanyl. A conviction could lead to imprisonment of up to 15 years to life for causing death, and between three to 15 years for causing bodily injury. This bill underscores the state's commitment to safeguarding those who serve on the frontlines of public safety, addressing the rising dangers associated with fentanyl-related incidents, which have been increasingly noted in law enforcement contexts.

Summary

House Bill 5319 aims to create specific criminal offenses related to the exposure of law enforcement and emergency personnel to fentanyl. The bill amends existing laws to establish penalties for actions that result in bodily injury or death to these personnel due to fentanyl exposure. It defines exposure comprehensively, including skin contact, inhalation, and ingestion, and mandates that proof of exposure must be substantiated by medical tests. This legislative move reflects a focused effort to enhance protections for individuals working in high-risk environments where fentanyl is prevalent.

Sentiment

Discussions surrounding HB5319 have generally been supportive, particularly among legislators focused on public safety and crime prevention. The bill has garnered substantial bipartisan support, as evidenced by its passage in the House with a significant majority. However, some considerations were raised regarding the implications of such severe penalties and the necessity for a robust enforcement strategy that adequately protects both the community and the officers involved.

Contention

Notable points of contention include how to balance public safety and individual rights. While the bill aims to protect law enforcement and reduce fatalities linked to fentanyl exposure, critics argue it must also ensure that it does not lead to over-criminalization or disproportionately affect marginalized communities. Moreover, concerns were voiced about the effectiveness of the proposed penalties in addressing the broader issues of substance abuse and the drug crisis, suggesting that comprehensive approaches beyond punitive measures could be more beneficial.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2432

Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug

WV SB490

Patrol Officer Cassie Marie Johnson Memorial Act

WV SB123

Creating enhanced penalties for fleeing officer

WV HB2837

Relating to intentionally fleeing or attempting to flee in a vehicle from a law-enforcement officer, probation officer, or parole officer

WV HB3121

Creating the Stop Our Scourge Act of 2023

WV HB2527

Relating to revising the criminal code generally

WV SB547

Increasing penalties for drug possession and updating list of offenses

WV HB2918

Relating to the removal of animals left unattended in motor vehicles

WV SB78

Creating felony offense of aggravated cruelty to animals

WV SB532

Sex Offender Registration Act

Similar Bills

No similar bills found.