Senate Bill No. 49
(By Senators Snyder, Bailey, Anderson, Ross, Buckalew, Sharpe,
Hunter, Dugan and Bowman)
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[Introduced February 14, 1997; referred to the Committee
on the Judiciary.]
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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 a misdemeanor offense of
fleeing the investigation of driving under the influence of
alcohol, controlled substances or drugs; and making the
penalty a mandatory jail sentence.
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. Fleeing DUI investigation; penalty.
Any person suspected of driving under the influence of
alcohol, controlled substances or drugs, who flees any
law-enforcement officer of this state, who has reason to believe
that a person has committed an offense prohibited by section two
of this article or an ordinance of a municipality of this state
which has the same elements as an offense described in section
two of this article, is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in the county or regional
jail for a period of not less than sixty days.
NOTE: The purpose of this bill is to create a misdemeanor
offense for fleeing a law-enforcement officer who is
investigating a probable DUI situation. The penalty is a
mandatory jail sentence of not less than 60 days.
§17C-5-12 is new; therefore, strike-throughs and
underscoring have been omitted.
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