WEST virginia Legislature
2018 regular session
Introduced
Senate Bill 73
By Senators Weld and Cline
[ Introduced January
10, 2018; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to modifying the crime of fleeing the scene of an accident involving injuries; and increasing criminal penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. ACCIDENTS.
§17C-4-1. Crashes involving death or personal injuries; Erin's Law.
(a) The driver of any
vehicle involved in a crash resulting in injury to or death of any person shall
immediately stop the vehicle at the scene of the crash or as close to the scene
as possible and return to and remain at the scene of the crash or as
close to the scene as possible until he or she has complied with the
requirements of §17C-4-3 of this code: Provided, That the driver may
leave the scene of the crash as may reasonably be necessary for the purpose of
rendering assistance to an injured person as required by said that
section. three Every such stop shall be made without obstructing traffic
more than is necessary.
(b) Any person who
knowingly violating and intentionally violates the provisions
of subsection (a) of this section after being involved in a crash resulting
in which proximately causes the death of any person is guilty
of a felony and, upon conviction, thereof shall be fined by not more
than $5,000 or imprisoned in a state correctional facility for not less
than one year nor more than five years, or both fined and confined imprisoned.
(c) Any person who knowingly and intentionally violates subsection (a) of this section after being involved in a crash which proximately causes serious bodily injury to any person other than himself or herself is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or confined in a state correctional facility for not less than one year nor more than three years, or both fined and confined.
(c) (d) Any person who knowingly violating
and intentionally violates the provisions of subsection (a) of
this section after being involved in a crash resulting in physical injury to
any person which proximately causes a bodily injury to any person other
than himself or herself is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by confinement in jail for not more than one year,
or fined not more than $1,000, or both.
(d) (e) The commissioner shall revoke the license
or permit or operating privilege to drive of any resident or nonresident person
convicted pursuant to the provisions of this section for a period of one
year from the date of conviction or the date of release from incarceration,
whichever is later.
(e) (f) This section may be known and cited as "Erin's
Law".
NOTE: The purpose of this bill is to modify the crime of fleeing the scene of an accident involving injuries. The bill also increases criminal penalties when there is a death proximately resulting from the accident.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.