ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 49
(By Senators Snyder, Bailey, Anderson, Ross, Buckalew, Sharpe,
Hunter, Dugan and Bowman)
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[Originating in the Committee on the Judiciary;
reported February 19, 1997.]
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A BILL to amend article five, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to creating the misdemeanor offense of
fleeing the investigation of a probable violation of law by
use of a motor vehicle.
Be it enacted by the Legislature of West Virginia:
That article five, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve, to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-12. Vehicular flight; penalty.
Any person operating a motor vehicle in this state who,
having been directed by a law-enforcement officer acting in his or her official capacity to cease operation of the motor vehicle
for purposes of investigating a probable violation of law, who
attempts to flee the scene by use of a motor vehicle shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
confined in jail for not less than sixty days nor more than one
year and fined not less than five hundred dollars nor more than
one thousand dollars:
Provided, That nothing in this section may
be construed to require an operator of a motor vehicle to operate
a motor vehicle in an unsafe or unreasonable manner to effect
compliance with a directive of a law-enforcement officer to cease
operation of the vehicle.
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