H. B. 2665


(By Delegate Hunt (By Request))
[Introduced March 21, 1997; referred to the
Committee on the Judiciary.]




A BILL to amend article nineteen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen-a, relating to roads and highways; creating a misdemeanor offense for persons who walk in the street when a sidewalk is available.

Be it enacted by the Legislature of West Virginia:
That article nineteen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen-a, to read as follows:
ARTICLE 19. GENERAL CRIMINAL PROVISIONS.
§17-19-13a. Unlawful to walk in streets when sidewalk available.

It is unlawful for any person to walk in or stand upon any open country highway, urban street or suburban street as defined in sections twenty-one, twenty-two and twenty-three, article one of this chapter when a sidewalk is available which abuts the open country highway, urban street or suburban street: Provided, That it is not a violation of this section if the person walks or stands upon an open country highway, urban street or suburban street as a result of assisting or helping any motor vehicle which is encountering mechanical problems.
Any person violating the provisions of this section is guilty of a misdemeanor and, on conviction thereof, is fined not less than ten nor more than one hundred dollars.

NOTE: The purpose of this bill is to create a misdemeanor offense for persons who walk in the street when a sidewalk is available.

§17-19-13a is new; therefore, strike-throughs and underscoring have been omitted.