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Introduced Version House Bill 2594 History

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hb2594 intr
H. B. 2594


(By Delegates Overington, Howard, Sobonya,

Blair, Roberts, Duke and Rowan)

[Introduced February 23, 2005 ; referred to the

Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-6b, relating to requiring mandatory blood tests be taken from drivers involved in motor vehicle accidents that result in the death or bodily injury to any person, when a law-enforcement officer has reasonable grounds to suspect a driver is under the influence of drugs, alcohol or both.

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-5-6b, to read as follows:

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-6b. Mandatory blood test required for drivers involved in motor vehicle accidents when death or bodily injury ensues.

In the event an operator of a motor vehicle is involved in a motor vehicle accident that results in the death or injury to another person, and the operator is detained by a law-enforcement officer under the reasonable suspicion that the operator is under the influence of alcohol, any controlled substance, or a combination of alcohol and any controlled substance, then the operator shall submit to a blood test at the direction of the law-enforcement officer, designed to detect the existence of alcohol and controlled substances.



NOTE: The purpose of this bill is to require mandatory blood tests from drivers involved in motor vehicle accidents that result in death or bodily injury from the accident if a law-enforcement officer has reasonable grounds to suspect a driver is under the influence of drugs, alcohol or both.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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