Senate Bill No. 483
(By Senator Craigo)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend article five, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to requiring that whenever there is an
automobile accident that causes a fatality, a blood test for
alcohol and illegal drugs must be given by one who is
qualified by the office of medical examinations to conduct
such blood test.
Be it enacted by the Legislature of West Virginia:
That article five, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventeen-c, to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-12. Mandatory alcohol and illegal drug test after an
automobile accident involving fatality.
Whenever there is an automobile accident that causes a
fatality, whether that of a driver or a pedestrian, all persons
involved in the automobile accident and who were driving a motor
vehicle at the time of the accident, shall submit to and be given
a blood test for the presence of alcohol and other illegal drugs,
in a timely manner, by one who is qualified by the office of
medical examination to conduct the blood test.
NOTE: The purpose of this bill is to require that whenever
there is an automobile accident involving a fatality, all those
involved in the accident must be given a blood test by one who is
qualified by the office of medical examinations to conduct the
blood test.
Section twelve, article five, chapter seventeen-c is new;
therefore, strike-throughs and underscoring have been omitted.