HB 2365 West Virginia House of Delegates · 2025 Regular Session

Creating the offense of exposing persons to fentanyl

HB 2365 creates new felony offenses for exposing specific public safety workers to opioids during the commission of a crime. It directly affects law enforcement officers, firefighters, EMTs, correctional officers, and others who work in public safety roles. The bill establishes three levels of penalties: 15 years to life if exposure causes death, 3-15 years if it causes bodily injury (defined as symptoms requiring immediate opioid antagonist treatment), and requires medical confirmation of exposure via a positive opioid test. It broadly defines "opioid" to include fentanyl and similar drugs, and specifies that exposure includes skin contact, inhalation, or needlestick incidents. The law adds these penalties to existing criminal statutes without replacing them.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 13, 2025 Last action Feb 13, 2025
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 13, 2025
Committee
To House Judiciary
lower
Feb 13, 2025
Introduced
Introduced in House
lower
Feb 13, 2025
Committee
To Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of David Kelly
David Kelly
RRepublican
WV
8