COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 507

(By Senators McCabe, Mitchell, Walker, Sprouse, Kessler, Redd, Deem, Oliverio, Hunter, Sharpe, Ross, Schoonover, Ball, McKenzie, Unger, Anderson, Bowman, Plymale and Prezioso)

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[Originating in the Committee on the Judiciary;

reported February 24, 1999.]

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A BILL to amend article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to placing multiple persons at risk while committing a crime of violence against the operator of a common carrier; and penalties therefor.

Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-16a. Wanton endangerment of public conveyance passengers.

Any person who places two or more persons at risk of serious bodily injury while engaged in a violation of section one, four, five, nine, nine-a or twelve of this article against another who is engaged in operating a motor vehicle used as a common carrier designed to carry passengers shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one nor more than five years or fined not more than five thousand dollars, or both.
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(NOTE: The purpose of this bill is to create a felony offense (1 - 5 years and/or a fine not to exceed $5,000) for committing a crime against the person where the victim is operating a common carrier and the offense endangers 2 or more persons other than the victim.

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