HOUSE CONCURRENT RESOLUTION NO. 147
(By Delegates Fleischauer, Ambler, Arvon, Ashley, Barill, Barrett, Butler, Cadle, Canterbury, Caputo, Cooper, Craig, Eldridge, Ellington, A. Evans, D. Evans, Faircloth, Ferns, Gearheart, Guthrie, Hamrick, Hartman, Iaquinta, Lynch, Manypenny, Marshall, Moye, Pasdon, Paxton, Perdue, L. Phillips, D. Poling, Poore, Raines, Reynolds, Romine, Rowan, Skinner, R. Smith, Sponaugle, Staggers, Storch, Stowers and Walker)
Requesting the Joint Committee on Government and Finance to authorize a study to consider a sentencing revision for DUI with death cases.
Whereas, Under current West Virginia law, DUI with death can be considered a felony or a misdemeanor; and
Whereas, A DUI with death case will be considered a misdemeanor if the driver can not be proven to have been driving with reckless disregard for the safety of others; and
Whereas, A DUI with death case will be considered a felony if the driver is driving with reckless disregard for the safety of others; and
Whereas, Currently, a person's blood alcohol content (BAC) is not a major consideration when determining whether a DUI with death case is a misdemeanor or a felony; and
Whereas, A person guilty of a felony DUI with death, shall be imprisoned for two to ten years and shall be fined from $1,000 to $3,000; and
Whereas, A person guilty of a misdemeanor DUI with death, shall be confined in jail from 90 days to one year and shall be fined from $500 to $1,000; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study to see if the laws concerning DUI with death cases should be revised, including the elements of the crimes and appropriate sentences; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first day of the regular session, 2014, on its findings, conclusions and recommendations, if any, together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.