photo by: W.Va. Legislative Photography

CHARLESTON — A bill named for a victim of fentanyl poisoning and aimed at major drug kingpins and dealers was passed by the West Virginia House of Delegates Friday.

The House passed Senate Bill 196, Lauren’s Law, in a 98-1 vote Friday morning. SB 196 proposes increasing the severity of sentences for multiple drug offenses, including distributing large quantities of heroin, cocaine, methamphetamine, and fentanyl.

It also increases the minimum sentence for drug delivery resulting in death from three to 10 years and for failing to seek medical assistance for someone overdosing from one to two years. These increases were in tribute to Lauren Renee Cole, 26, of Morgantown, who died July 9, 2020, due to fentanyl poisoning. The two men who provided Cole the fentanyl-laced heroin were sentenced to 15 years in prison.

“A portion of this law relates to a young lady named Lauren Cole,” said House Judiciary Committee Chairman JB Akers, R-Kanawha. “In the event that her family may be watching today, I urge passage of this bill, and we all have her family in our thoughts and prayers.”

The bill increases the minimum sentence for manufacturing, delivering or possessing with intent to manufacture or deliver Schedule I and Schedule II narcotics or methamphetamine and introduces mandatory minimum sentences and restrictions on alternative sentencing for conspiracies involving large quantities of heroin, cocaine, methamphetamine and fentanyl.

SB 196 also introduces mandatory minimum sentences for transporting large quantities of heroin, cocaine, methamphetamine and fentanyl into the state, along with restrictions on probation, home incarceration and sentence suspension.

The House Judiciary Committee amended the bill, removing the knowledge requirement for the fentanyl enhancement relating to possession with intent to deliver certain drugs. It increases the penalties and amends weight requirements for the offense of conspiracy, clarifies the crime of drug delivery resulting in death, increases the penalty if the death was a result of an unlawful sale of controlled substances and increases the penalty for failure to render aid.

“This bill went through more than just a little bit of work. It went through significant changes in the Judiciary Committee,” Akers said. “The weights only apply in this bill to transportation and conspiracy crimes. That’s a significant change in the original version we got from the Senate. The Senate version involved weights with possession with intent crimes … That’s not what we have here.”

The House amendment also creates a new section of code relating to drug kingpins, defined as a person that finances or manages a drug conspiracy, and creates enhanced penalties for drug kingpins who engage in those conspiracies. It amends the recidivist section to reflect the new offenses and clarifies the crimes for which probation is not permissible.

Del. Mike Pushkin, D-Kanawha, was the lone nay vote on the bill. While he understood the intent of the bill was to go after major drug traffickers and distributors, Pushkin questioned whether the bill would result in a decrease in drug flow into the state.

“I know who we’re trying to go after here and I fully support that. You’re trying to go after the big fish,” Pushkin said. “I think when you cast such a wide net you’re going to catch some little fish as well.”

SB 196 heads back to the Senate for approval of the House’s changes.