Bill > HB3190

This bill amends West Virginia's existing law regarding public intoxication to explicitly expand the definition of intoxication to include impairment by controlled substances. The bill modifies the legal definition of "intoxicated" to encompass not just alcohol but also intoxication from controlled substances, as defined in specific sections of the state code. Key changes include updating language around public intoxication offenses to reference both alcohol and controlled substances, modifying counseling requirements for offenders to now include "counseling on alcohol and controlled substance dependence" instead of just alcohol-specific programs, and adjusting terminology in various sections to reflect this broader definition. The bill maintains existing penalties for public intoxication, which range from fines of $5-$100 for first-time offenders to potential jail time and increased fines for repeat offenders. Law enforcement officers retain the discretion to handle intoxicated individuals through various means, such as issuing citations, arranging transportation, or seeking medical attention, depending on the individual's condition and circumstances. The overall intent appears to be creating a more comprehensive legal approach to public intoxication that recognizes impairment from substances beyond alcohol.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3190&year=2025&sessiontype=RS&btype=bill