H. B. 2421
(By Delegates Manuel and Amores)
[Introduced February 21, 2001; 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
criminal 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 is 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.
(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 is guilty of third degree negligent homicide.
(b) (d) Any person convicted of first degree negligent
homicide is guilty of a felony and shall be fined not less than
one thousand dollars nor more than five thousand dollars, or
imprisoned in a state correctional facility not less than one
year nor more than five years or both fined and imprisoned. 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 fined not less than seventy-five dollars nor more than seven hundred fifty
dollars, or imprisoned in the county or regional jail for not
more than six months, or both fined and imprisoned.
(c) (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. The other degrees are misdemeanors.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.