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Introduced Version House Bill 3179 History

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hb3179 intr
H. B. 3179


(By Delegates Houston, Beach and Marshall)
[Introduced March 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 article, designated §17C-4A-1, §17C-4A-2, §17C-4A-3, §17C-4A-4, §17C-4A-5 and §17C-4A-6, all relating to careless driving generally; providing a short title; defining careless driving; establishing the offense of careless driving; providing criminal penalties for violations; requiring the Commissioner of the Division of Motor Vehicles to assess points against the driver's license of a person convicted of careless driving; requiring the Commissioner of the Division of Motor Vehicles to suspend the license of a person convicted of careless driving that causes the unintentional death of another person or causes serious bodily injury to another person; and requiring the Commissioner of the Division of Motor Vehicles to propose legislative rules.

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 article, designated §17C-4A-1, §17C-4A-2, §17C-4A-3, §17C-4A-4, §17C-4A-5 and §17C-4A-6, all to read as follows:
ARTICLE 4A. CARELESS DRIVING.

§17C-4A-1. Short title.

This article dealing with careless driving shall be known and may be cited as "Danny's Law."
§17C-4A-2. Definition.

The term "careless driving" means the operation of a motor vehicle
on a street, road or highway without due care and attention or without reasonable consideration for other persons using the street, road or highway.
§17C-4A-3. Careless driving; penalties.

Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the State Park and Public Recreation System established by the Director of the Division of Natural Resources pursuant to section three, article four, chapter twenty of this code
without due care and attention or without reasonable consideration for other persons using the street, road or highway is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, and upon conviction for a second or subsequent offense shall be fined not less than one hundred dollars nor more than one thousand dollars.
§17C-4A-4. Additional fines for violations causing serious bodily injury or the unintentional death of another person.

Any person convicted of violating the provisions of section three of this article which causes the unintentional death of another person, shall be fined four thousand dollars in addition to the penalties provided in section three of this article.

Any person convicted of violating the provisions of section three of this article which causes serious bodily injury to another person , shall be fined two thousand dollars in addition to the penalties provided in section three of this article. For the purpose of this section, "serious bodily injury" means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of function of any bodily member or organ.
§17C-4A-5. Exceptions.
The provisions of this section do not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the State Park and Recreation System for exclusive use by motorcycles or other recreational vehicles
.
§17C-4A-6. Assessment of points and suspension of license.

In addition to any penalty imposed for careless driving under the provisions of section three of this article, the Commissioner of the Division of Motor Vehicles shall assess six points against the driver's license of any person convicted of a first offense under section three of this article and
shall suspend for three months the driver's license of any person convicted of a second or subsequent offense.
In addition to any penalty imposed for
violating the provisions of section four of this article which causes the unintentional death of another person, the Commissioner of the Division of Motor Vehicles shall suspend for six months the driver's license of the person convicted of the offense . If the offense which causes the unintentional death of another person is also a second or subsequent violation of section three of this article, the six-month suspension shall be in addition to any period of suspension for a second or subsequent violation of section three.
In addition to any penalty imposed for violating the provisions of section four of this article which causes serious bodily injury to another person , the Commissioner of the Division of Motor Vehicles shall suspend for six months the driver's license of the person convicted of the offense . If the offense which causes serious bodily injury to another person is also a second or subsequent violation of section three of this article, the six-month suspension shall be in addition to any period of suspension for a second or subsequent violation of section three.
T he Commissioner of Motor Vehicles shall assess six points against the driver's license of any driver of a motor vehicle or other conveyance found guilty of violating section three of this article on a first offense upon receiving notice from a circuit clerk, magistrate court or municipal court of this state of the conviction. Circuit clerks, magistrate courts and municipal courts of this state shall promptly notify the Commissioner of the convictions.
The Commissioner of the Division of Motor Vehicles shall suspend the driver's license of any driver of a motor vehicle or other conveyance who is found guilty of violating section three of this article on a second or subsequent offense upon receiving notice from a circuit clerk, magistrate court or municipal court of this state of the conviction. Circuit clerks, magistrate courts and municipal courts of this state shall promptly notify the Commissioner of the convictions .
The Commissioner of the Division of Motor Vehicles shall suspend the driver's license of any driver of a
motor vehicle or other conveyance who is found guilty of violating section four of this article upon receiving notice from a circuit clerk, magistrate court or municipal court of this state of the conviction. Circuit clerks, magistrate courts and municipal courts of this state shall promptly notify the Commissioner of the convictions .
The Commissioner of the Division of Motor Vehicles shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the purposes of this section.



NOTE: The purpose of this bill is to
establish the offense of careless driving and provide criminal penalties for violations. In addition, the bill requires the Commissioner of the Division of Motor Vehicles to assess points against the driver's license of a person convicted of careless driving and to suspend the license of a driver convicted of a second or subsequent offense. The bill also requires the Commissioner of the Division of Motor Vehicles to suspend the driver's license of any person convicted of careless driving that causes the unintentional death of another person or causes serious bodily injury to another person. The bill requires the Commissioner of the Division of Motor Vehicles to propose rules to implement the provisions of the article.

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


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