ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 420

(By Senators Snyder, Unger, Anderson, Edgell, Kessler and Ball, original sponsors)

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[Passed March 11, 1999; in effect ninety days from passage.]

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AN ACT to amend and reenact section one, article four, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the duties of drivers involved in accidents; clarifying duty to remain at scene of accident and to render aid to an injured person; and increasing the criminal penalties for leaving the scene of an accident resulting in a person's death.

Be it enacted by the Legislature of West Virginia:
That section one, article four, 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 4. ACCIDENTS.

§17C-4-1. Accidents involving death or personal injuries.

(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such the vehicle at the scene of such the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he or she has fulfilled complied with the requirements of section three of this article: Provided, That the driver may leave the scene of the accident as may reasonably be necessary for the purpose of rendering assistance to an injured person as required by said section three. Every such stop shall be made without obstructing traffic more than is necessary.
(b) Any person failing to stop or to comply with said requirements under such circumstances shall violating the provisions of subsection (a) of this section after being involved in an accident resulting in the death of any person is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment confinement in a correctional facility for not thirty days nor more than more than three years or by fine of fined not less than one hundred thousand dollars nor more than five thousand dollars, or by both such fine and imprisonment.
(c) Any person violating the provisions of subsection (a) of this section after being involved in an accident resulting in physical injury to any person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by confinement in a county or regional jail for not less than thirty days nor more than one year, or fined not less than one hundred dollars nor more than fiveone thousand dollars, or both.
(c) (d) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of the any person so convicted pursuant to the provisions of this section for a period of one year.