Senate Bill No. 438
(By Senators Kimble and Buckalew)
____________
[Introduced February 19, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three, article four, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to traffic
regulations; accidents; and requiring drug and alcohol
testing of drivers who are in accidents involving death.
Be it enacted by the Legislature of West Virginia:
That section three, article four, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. ACCIDENTS.
§17C-4-3. Duty to give information and render aid.
The driver of any vehicle involved in an accident resulting
in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his
or her
name, address, and the registration number of the vehicle he
or
she is driving and shall upon request and if available exhibit
his
or her operator's or chauffeur's license to the person struck
or the driver or occupant of or person attending any vehicle
collided with and shall render to any person injured in such
accident reasonable assistance, including the carrying, or the
making arrangements for the carrying of such person to a
physician, surgeon or hospital for medical or surgical treatment
if it is apparent that such treatment is necessary or if such
carrying is requested by the injured person.
The driver of any vehicle involved in an accident resulting
in the death of any person is subject to the provisions of
section four, article five of this chapter relating to implied
consent to test for alcohol or drugs.
NOTE: The purpose of this bill is to require testing for
alcohol or drugs of all persons involved in motor vehicle
accidents that result in death.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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