COMMITTEE SUBSTITUTE

FOR

H. B. 2221

(By Delegates Faircloth, Trump, Staton,
Amores, Hunt and Douglas)

(Originating in the Committee on the Judiciary)


[March 12, 1997]


A BILL to amend and reenact section seventeen, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to obstructing and fleeing from an officer; providing penalties therefor; and defining terms for purposes of this section.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-17. Obstructing officer; fleeing from officer; fleeing
from officer in a vehicle; penalties; definitions.

(a) Any person who by threats, menaces, acts or otherwise, shall forcibly or illegally hinder, obstruct, or oppose, or attempt to obstruct or oppose, hinders or obstructs, or attempts to hinder or obstruct, or shall counsel, advise or invite who counsels, encourages or incites others to hinder or obstruct or oppose any civil or military law-enforcement officer in this state (whether civil or military) in the lawful exercise or discharge of his or her official duty, shall for every such offense, be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned confined in the county or regional jail not exceeding more than one year.
(b) If Any person who intentionally flees or attempts to flee by any means other than the use of a vehicle from any civil or military law-enforcement officer in this state (whether civil or military) who is attempting to make a lawful arrest of such the person, and the person who knows or reasonably believes that the officer is attempting to arrest him or her, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned confined in the county or regional jail for a term not exceeding more than twelve months one year.
(c) Any person who intentionally flees or attempts to flee in a vehicle from any civil or military law-enforcement officer, after the officer has given a clear visual or audible signal directing the person to stop, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, and shall be confined in the county or regional jail not more than one year.
(d) Any person who intentionally flees or attempts to flee in a vehicle from any civil or military law-enforcement officer, after the officer has given a clear visual or audible signal directing the person to stop, and who causes damage to the real or personal property of any person during or resulting from his or her flight, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand nor more than three thousand dollars, and shall be confined in the county or regional jail for not less than six months nor more than one year.
(e) Any person who intentionally flees or attempts to flee in a vehicle from any civil or military law-enforcement officer, after the officer has given a clear visual or audible signal directing the person to stop, and who causes bodily injury to any person during or resulting from his or her flight, is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state correctional facility not less than one nor more than five years.
(f) Any person who intentionally flees or attempts to flee in a vehicle from any civil or military law-enforcement officer, after the officer has given a clear visual or audible signal directing the person to stop, and who causes death to any person during or resulting from his or her flight, is guilty of a felony and, upon conviction thereof, shall be punished by a definite term of imprisonment in the state correctional facility which is not less than three nor more than fifteen years. A person imprisoned pursuant to the provisions of this subsection is not eligible for parole prior to having served a minimum of three years of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two, whichever is greater.
(g) Any person who intentionally flees or attempts to flee in a vehicle from any civil or military law-enforcement officer, after the officer has given a clear visual or audible signal directing the person to stop, and who is under the influence of alcohol, controlled substances or drugs at the time, is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state correctional facility not less than one nor more than five years.
(h) For purposes of this section, the term "vehicle" includes any motor vehicle, motorcycle, motorboat, all-terrain vehicle or snowmobile, as those terms are defined in section one, article one, section seventeen-a of this code, whether or not it is being operated on a public highway at the time and whether or not it is licensed by the state.
(I) For purposes of this section, the terms "flee," "fleeing," and "flight" shall not include any person's reasonable attempt to travel to a safe place, allowing the pursuing civil or military law-enforcement officer to maintain appropriate surveillance, for the purpose of complying with the officer's direction to stop.



NOTE: The purpose of the bill is to amend the law concerning obstructing and fleeing from a law-enforcement officer. The bill adds new penalties for instances of vehicular flight from an officer, including those flights which result in property damage, bodily injury or death, or which are committed under the influence or alcohol or drugs. The bill defines the term "vehicle" for purposes of the section. The bill also excludes from the definitions of the terms "flee," "fleeing" and "flight" a person's reasonable attempt to drive to a safe place before stopping.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.