H. B. 2285


(By Delegates Doyle, Douglas, Manuel,

Webster, Campbell, Amores and Trump)

[Introduced February 19, 2001 ; referred to the

Committee on the Judiciary.]




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 thirty, relating to creating misdemeanor and felony criminal offenses for causing a death or serious injury by the use of snow skis, snow boards or ski boards; and providing criminal penalties.

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 thirty, to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-30. Death or serious injury caused by person using snow skis, snow board or ski board; penalties.

(a) Any person, who willfully or negligently inflicts serious bodily injury on any other person, while using snow skis, a snow board or ski board or similar recreational device, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail not more than six months, or be fined not exceeding five hundred dollars, or both fined and imprisoned.
(b) Any person, who willfully or recklessly inflicts serious bodily injury resulting in the death of any other person, while using snow skis, a snow board or ski board or similar recreational device, is guilty of a felony and, upon conviction thereof, shall be fined not less than five hundred nor more than five thousand dollars, or imprisoned in a state correctional facility not less than one nor more than five years, or both fined and imprisoned.

NOTE: The purpose of this bill is to create the misdemeanor and felony offenses of causing serious bodily injury or death to another person while using snow skis, a snow board or ski board.

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