H. B. 4025
(By Delegate Smirl)
[Introduced
January 11, 2002
; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirty,
relating to creating the criminal offense of leaving an infant
in an unattended motor vehicle; and providing criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-nine, chapter sixty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended by adding thereto a new section, designated
section thirty, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-30. Leaving infant unattended in motor vehicle.
(a) Any person who leaves an infant unattended in a motor
vehicle
, or who knowingly permits another person to leave an infant
unattended in a motor vehicle, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five hundred
dollars nor more than fifteen hundred dollars, or imprisoned in the
county or regional jail for not less than ninety days nor more than
one year, or both fined and imprisoned.
(b) Any person who leaves an infant, or who knowingly permits
another person to leave an infant unattended in a motor vehicle,
and the infant receives any injury or dies
as a direct result of
being left unattended in the motor vehicle is guilty of a felony
and, upon conviction thereof, shall be confined in the state
correctional facility for not less than two nor more than ten years
and fined not more than fifteen hundred dollars.
(c) Nothing in this article may be construed to mean that an
infant of sufficient age, experience and intellect may not be left
in an unattended motor vehicle; nor may it be construed to mean
that, if the person, who leaves an infant in an unattended motor
vehicle for a reasonable period of time,
has visual contact with
the infant and motor vehicle during this time or while conducting
any activity during that time, is guilty of a criminal offense.
NOTE: The purpose of this bill is to create the criminal
offense of leaving an infant child in an unattended motor vehicle.
It imposes a misdemeanor offense for this act, unless the child is
injured or dies. Then the offense is a felony with appropriate
penalties.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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