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Introduced Version Senate Bill 73 History

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Key: Green = existing Code. Red = new code to be enacted

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.

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