CHARLESTON, WV (LOOTPRESS) – The House on Friday passed a bill that would make it a crime to expose first responders and officers to fentanyl.
West Virginia House Bill 5319 aims to address the situations where the use or possession of fentanyl results in the death or bodily injury of another person.
The bill would make it a crime to explode a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel to fentanyl.
The bill establishes stringent penalties for individuals found guilty of such acts.
According to the proposed legislation, anyone who violates the specified sections of the legal code and directly causes the death of another person due to fentanyl exposure during the commission of the act will face a felony charge.
Upon conviction, the offender could be sentenced to a term of 15 years to life in a state correctional facility.
Similarly, the bill outlines penalties for those causing bodily injury to another person through exposure to fentanyl during the commission of an offense.
Conviction under these circumstances could lead to imprisonment for a term ranging from not less than three years to a maximum of 15 years in a state correctional facility.
To provide clarity, the bill defines key terms, such as “bodily injury,” “death,” and “exposure.”
For instance, “bodily injury” encompasses physical pain, illness, or impairment resulting from fentanyl exposure, while “death” refers to the demise of an exposed person within one year due to bodily injury.
“Exposure” includes various forms like skin contact, inhalation, ingestion, or contact with a needlestick or mucus membrane.
Proof of exposure is crucial and is based on a confirmed positive test for fentanyl administered by a medical professional immediately following the death or bodily injury of the exposed person.
HB 5319 bill passed on a 93-3 vote. It now goes to the Senate for consideration.