WEST virginia legislature

2019 regular session

Committee Substitute

for

Senate Bill 105

Senator Woelfel, original sponsor

[Originating in the Committee on the Judiciary; Reported on February 23, 2019]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-2c, relating to creating the new criminal offense of impaired operation of a motor vehicle placing nonpassengers at risk of physical injury; clarifying that offense is separate and distinct from operating a motor vehicle under the influence; and establishing penalties.

Be it enacted by the Legislature of West Virginia:

Article 5. Serious Traffic Offenses.

§17C-5-2c. Endangering persons by impaired operating of a motor vehicle.

(a) Any person who, while operating a motor vehicle in violation of the provisions of §17C-5-2 of this code, places a nonpassenger at risk of physical injury, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, confined in jail for not more than one year, or both fined and confined.

(b) A violation of the provisions of this section is a separate and distinct offense from a violation of §17C-5-2 of this code.