H. B. 2225


(By Delegates Manuel, Amores and Mahan)
[Introduced February 26, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing three degrees of reckless and negligent vehicular homicide; making first degree vehicular homicide a felony; and penalties.

Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-1. Reckless and negligent vehicular homicide; penalties.
(a) When the unintentional death of any person ensues within one year as a proximate result of the wantonly and willfully reckless driving of any vehicle anywhere in this state in absolute and reckless disregard of the safety of others, the person so operating the vehicle shall be guilty of first degree negligent homicide.
(a) (b) When the death of any person ensues within one year as a proximate result of injury received by the grossly negligent driving of any vehicle anywhere in this state in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of second degree negligent homicide.
(b) (c) When the death of any person ensues within one year as a proximate result of injury received by the negligent driving of any vehicle anywhere in this state, the person so operating the vehicle shall be guilty of third degree negligent homicide.
(c) (d) Any person convicted of first degree negligent homicide shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years or by fine of not less than one thousand dollars nor more than five thousand dollars, or by both fine and imprisonment. Any person convicted of second degree negligent homicide shall be punished by imprisonment for not more than one year or by fine of not less than one hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment. Any person convicted of third degree negligent homicide shall be punished by imprisonment for not more than six months or by fine of not less than seventy-five dollars nor more than seven hundred fifty dollars, or by both fine and imprisonment.
(e) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent homicide.




NOTE: The purpose of this bill is to establish three degrees of negligent homicide. First degree negligent homicide would be a felony.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.