HOUSE GETS TOUGH ON SELLING DRUGS NEAR A PARK

Bill Makes It A Felony With Stiffer Penalties

Selling drugs within 1,000 feet of a park will get the same extra penalties
as selling near a school if a bill moving through the House of Delegates
passes.

The bill, House Bill 2088, moved to its second reading Wednesday after a
voice vote. Three delegates were absent, including Delegate Tom Coleman,
D-Preston.

The bill would make dealing drugs within 1,000 feet of a park a felony,
punishable by imprisonment for not more than 10 years, or a fine not more
than $20,000, or both.

Second or subsequent convictions would result in imprisonment for 5-20
years, or a fine of not more than $40,000, or both.

Right now, "penalties are so variable," said Lt. Jim Sands of the
Charleston Police Department. Simple possession isn't jailable, while
having drugs "all bagged up and ready to sell" is a felony punishable with
up to 10 years in prison.

The bill would enhance the penalties and bring them into line with selling
near a school, said Stacey Ruckle, spokeswoman for Speaker of the House
Robert Kiss.

Delegate Michael Caputo, D-Marion, pointed out that a park is like a
school, because it's heavily used by children.

"We want to send a message that we don't want anyone dealing drugs out
there, and we are going to deal with you especially hard if you are doing
it in those areas."

Caputo is a member of the House Judiciary Committee, where the bill
originated earlier this week.

Michael Vetere, Monongalia County Public Schools superintendent, said that
already, anyone caught with drugs at or near the schools is turned over to
police.

Vetere said the bill would help schools' efforts in keeping students drug free.

"I think what happens is you have a lot of people who will loiter in those
areas. Instead of meeting close to school, they say, 'OK, I'll meet you by
the park..'"

Westover has about 3,500 residents, and three schools -- two elementary and
one middle school. In recent years, Westover police have had no reports of
drug dealings in the city park or public school areas, said Police Chief
James W. Smith. Still, he said, the bill would help prevent dealing in the
future.

Morgantown's Board of Park and Recreation Commissioners takes care of 300
acres of parks, eight miles of trails, two public pools, a skating rink and
senior center. BOPARC Director Mark Wise said there are no particular drug
problem areas in the BOPARC system, but he supports the bill.

"Certainly what is done with the schools would be helpful with the parks,
where we are trying to have nice, clean safe recreation areas for people to
pursue those type of activities."