MORGANTOWN – The House of Delegates spent more than an hour Monday debating a bill to require extended supervision of repeat-offense fentanyl dealers who’ve done their time – then voted overwhelmingly to pass it.
HB 2257 requires someone of second or subesequent offense of selling or transporting fentanyl to serve – after completing incarceration and parole – from six months to 10 years of supervised release. A county probation officer would conduct the supervision.
While the debate was long, the arguments touched on the same few points.
Delegate Joey Garcia, D-Marion, said, “I don’t think this is good policy.” The bill reflects our anger at the dealers of the deadly substance, but it won’t work as a deterrent.
Our goal, he said, is to see whether the offenders can be rehabilitated, get a job, find hope. Keeping them under the eye of the state for another 10 years just sets up another barrier to progress, and sets them up for failure.
He cited the example of a convicted drug felon now serving parole who coaches other drug offenders. Under this bill, he said, that person wouldn’t be able to help other offenders.
Delegate Mike Pushkin, D-Kanawha, said the bill is another attempt to address the back end of the problem with more penalties instead of tackling the front end and reducing demand. It will do nothing to reduce overdoses.
Government Organization chair Brandon Steele, R-Raleigh and lead sponsor, summarized the views of the bill’s supporters. “We’re talking about people who’ve sold fentanyl on multiple occasions.”
He cited the example of a case he prosecuted: a third-offense, career dealer who warned his customer – an undercover informant – the drug the customer was buying was laced with carfentanil and had already killed one person.
Steele said that dealer’s house produced three deaths and nine overdoses in 48 hours. “This stuff was killing people left and right.”
The bill, he said, is a tool to know where that person works, what car they drive, where they live. “If this is your third go around … it’s statistically improbable you’re going to quit. … Selling heroin and fentanyl to another person is a violent crime, in my opinion.”
Judiciary chair Moore Capito, R-Kanawha, said the bill isn’t intended as a deterrent. It’s intended to keep drugs off the street.”
It passed 76-17, along mostly party lines, and goes to the Senate. Locally, all delegates voted with their party except Dave Pethtel, D-Weztel, who voted yes.
HB 2598, the bill to exempt certain oil and gas wastewater tanks from Department of Environmental Protection inspections in a zone of critical concern (within five hours upstream of a drinking water intake) was on second reading for amendment. One was offered at the request of the DEP to specify the reference to the zones of critical concern.
Delegate Evan Hansen, D-Monongalia, objected to the amendment because those tanks hold crude oil and other toxic substances in addition to brine water, and the amendment is about weakening health and safety regulations.
The amendment as adopted in a voice vote. The bill is on third reading for passage on Tuesday.
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