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House Bill 4373 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4373
(By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Browning,
Foster, Beane, Crosier and Varner)
[Passed March 10, 2004; in effect ninety days from passage.]
AN ACT to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-3-10, relating
to making it a crime to possess or use a traffic-control
device with an infrared or electronic device designed to
change traffic light indication; exceptions; and providing for
penalties.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-3-10, to read as
follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-10. Interference with official traffic-control devices by
infrared or electronic devices.
(a) The possession or use of a mobile infrared transmitter
(MIRT), or any type of infrared or electronic device capable of
changing a traffic control signal, by anyone other than the operator of an authorized emergency vehicle, is prohibited.
(b) Any person violating the provisions of subsection (a) of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than five hundred dollars or
confined in the county or regional jail not more than three days,
or both; and upon a second conviction thereof, shall be fined not
more than one thousand dollars or confined in the county or
regional jail not more than six days, or both; and upon a third or
subsequent conviction thereof, shall be fined not less than five
hundred dollars nor more than two thousand five hundred dollars or
confined in a county or regional jail one year, or both.
(c) Notwithstanding the provisions of subsection (a) of this
section, any person convicted of a violation of subsection (a) of
this section which results in physical injury to another shall be
guilty of a felony and, upon conviction, shall be imprisoned in a
state correctional facility for not less than one nor more than
three years or fined not more than five thousand dollars, or both.
(d) The provisions of this section shall not apply to any
device which simply makes a vehicle visible or its presence known
to a sensor which triggers the changing of a traffic light after
the vehicle operator has complied with the traffic signal
indication.
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