HB4846 S JUD AMT #1 3-10

Graham  4841

The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill 4846—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §17C-24-1, §17C-24-2, §17C-24-3, §17C-24-4, §17C-24-5, §17C-24-6, §17C-24-7, §17C-24-8, §17C-24-9, §17C-24-10, and §17C-24-11 et seq., all relating to flying under the influence and other aviation offenses; prohibiting operation of aircraft while under the influence of alcohol, controlled substances, or drugs; defining terms; providing a person operating an aircraft while under the influence is guilty of a misdemeanor; providing that injury of another person while operating an aircraft while under the influence is a felony; providing a person who knowingly allows another person to operate his or her aircraft  while under the influence is guilty of a misdemeanor; providing increased penalties for subsequent offenses; providing for inclusion of previous offenses when determining number of offenses; proving that it is not a defense that the person was legally allowed to use alcohol, controlled substances, or drugs; requiring clerk of court to notify federal aviation administration of a conviction; providing for implied consent to testing; providing for preliminary analysis of breath to determine its alcohol concentration; providing for secondary testing and interpretation of such tests; providing person may demand additional testing; providing standards for blood withdrawal; allowing test results to be used in civil and criminal proceedings; allowing person to demand testing within two hours of arrest; providing for fee for withdrawing a blood sample or administering a urine test; providing that the unauthorized taking of an aircraft is a felony; requiring federal licensure to operate an aircraft and that evidence of licensure be in the person’s personal possession and in the aircraft; providing criminal penalties; and requiring state law enforcement officers to collaborate in enforcing aeronautics laws.

Adopted

Rejected