Introduced Version
House Bill 4534 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4534
(By Delegates Caputo, Manchin, Longstreth,
Wooton, Hamilton, Miley, Moore, Frazier,
Fleischauer, Hunt and Brown)
[Introduced February 18, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §17C-4-1 of the Code of West Virginia,
1931, as amended, relating to increasing the criminal penalty
for failing to stop and render aid after a motor vehicle
accident; and naming the code section "Erin's Law."
Be it enacted by the Legislature of West Virginia:
That §17C-4-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. ACCIDENTS.
§17C-4-1.
Erin's Law
; accidents involving death or personal
injuries.
(a) The driver of any vehicle involved in an accident
resulting in injury to or death of any person shall immediately
stop the vehicle at the scene of the accident or as close thereto
to the scene as possible but shall then forthwith and return to and
shall remain at the scene of the accident until he or she has
complied with the requirements of section three of this article:
Provided, That the driver may leave the scene of the accident as may reasonably be necessary for the purpose of rendering assistance
to an injured person as required by said section three. Every such
stop shall be made without obstructing traffic more than is
necessary.
(b) Any person violating the provisions of subsection (a) of
this section after being involved in an accident resulting in the
death of any person is guilty of a felony and, upon conviction
thereof, shall be punished by confinement imprisonment in a
correctional facility for
a mandatory term of not less than one
year and not more than three years or and fined not more than
$5,000. or both
(c) Any person violating the provisions of subsection (a) of
this section after being involved in an accident resulting in
physical injury to any person is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by confinement in a county or
regional jail for not more than one year, or fined not more than
$1,000, or both.
(d) The commissioner shall revoke the license or permit to
drive and any nonresident operating privilege of any person
convicted pursuant to the provisions of this section for a period
of one year.
(e) This section may be known and cited as "Erin's Law."
NOTE: The purpose of this bill is to increase the criminal
penalty for failing to stop and render aid after a motor vehicle
accident. The bill also names the code section "Erin's Law."
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.