WEST virginia legislature

2023 regular session

Introduced

Senate Bill 624

By Senators Rucker, Deeds, and Stuart

[Introduced February 14, 2023; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §17C-5-1 of the Code of West Virginia, 1931, as amended, relating to clarifying the offense of vehicular homicide; changing negligent homicide to vehicular homicide; and adding a misdemeanor offense for when a person dies within a year as a proximate result of driving in a negligent manner.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-1. Negligent Vehicular homicide; penalties.

(a) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle anywhere in this state in reckless and wanton disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent the felony offense of reckless and wanton vehicular homicide.

(b) Any person convicted of negligent the felony offense of reckless and wanton vehicular homicide shall be punished by imprisonment for an indeterminate term of not more less than one year nor more than five years or by fine of not less than $100 $2,000 nor more than $1,000 $5,000, or by both such fine and imprisonment.

(c) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle anywhere in this state in negligent manner, but not in reckless and wanton disregard of the safety of others, the person so operating the vehicle shall be guilty of the misdemeanor offense of negligent vehicular homicide.

(d) Any person convicted of the misdemeanor offense of negligent vehicular homicide shall be punished by confinement in jail for not more than six months, or by fine of not less than $500 nor more than $1,000, or by both such fine and imprisonment.

(c) (e) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of vehicular homicide or negligent homicide.

NOTE: The purpose of this bill is to further define the offense of vehicular homicide. The bill changes negligent homicide to vehicular homicide. The bill adds a misdemeanor offense for when a person dies within a year as a proximate result of driving in a negligent manner.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.