WEST virginia legislature

2023 regular session

Committee Substitute

for

Senate Bill 660

By Senators Weld, Woelfel, Deeds, Hamilton, Rucker, and, Trump

[Originating in the Committee on the Judiciary; reported on February 24, 2023]

A BILL to amend and reenact §17C-5-3 of the Code of West Virginia, 1931, as amended, relating to reckless driving;  establishing the aggravated felony offense of reckless driving resulting in the death of another; and providing the criminal penalties for the offense.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-3. Reckless driving; penalties.

(a) Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources pursuant to §20-5-1 et seq. of this code, in willful or wanton disregard for the safety of persons or property, is guilty of reckless driving.

(b) The provisions of subsection (a) of this section shall not apply are not applicable to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles.

(c) Every person convicted of reckless driving is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than 90 days, or fined not less than $25 nor more than $500, or both fined and confined; and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than 10 days nor more than six months, or fined not less than $50 nor more than $1,000, or both fined and confined.

(d) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who, in doing so while committing the violation, proximately causes another to suffer serious bodily injury shall, upon conviction thereof, be confined in jail not less than 10 days nor more than six months, or fined not less than $50 nor more than $1,000, or both fined and confined.

(e) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss, or impairment of the function of any bodily organ.

(f) Notwithstanding the provisions of subsection (c) and (d) of this section, any person convicted of a violation of subsection (a) of this section and who, while committing the violation, proximately causes the death of another, is guilty of a felony and shall, upon conviction thereof, be imprisoned in a state correctional facility not less than one year nor more than 10 years, or fined not less than $5,000 nor more than $10,000, or both fined and imprisoned.